Jithu Devan v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.HARIPRASAD WEDNESDAY, THE 11TH DAY OF NOVEMBER 2015/20TH KARTHIKA, 1937 Bail Appl..No. 6911 of 2015 () ------------------------------- CRIME NO. 884/2015 OF PATTAMBI POLICE STATION, PALAKKAD DISTRICT ---------------- PETITIONERS/ACCUSED :
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1. JITHU DEVAN, AGED 21 YEARS S/O.VASUDEVAN, DEVA NIVAS, PERUMUDIYOOR P.O.
MUTHUTHALA VILLAGE, PALAKKAD DISTRICT.
2. SHIJU P., AGED 24 YEARS S/O. UNNIKRISHNAN, POOKKADATH HOUSE, KARINGANAD VILAYUR P.O., PATTAMBI TALUK, PALAKKAD DISTRICT.
3. ABDUL RASHEED, AGED 19 YEARS S/O. HAMSA, MARULLY HOUSE, ERUMUDIYOOR P.O., MUTHUTHALA PANCHAYATH, PALAKKAD DISTRICT.
BY ADV. SRI.K.A.MANZOOR ALI RESPONDENTS/COMPLAINANT & STATE :
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1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM
2. CIRCLE INSPECTOR OF POLICE PATTAMBI POLICE STATION - 678 689.
R1 & R2 BY PUBLIC PROSECUTOR SMT. LALIZA T.Y. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn
A.HARIPRASAD, J.
------------------------------------------------ B.A No.6911 of 2015 ------------------------------------------------ Dated this the 11th day of November, 2015.
O R D E R
Application for bail under Section 439 Cr.P.C. 2.
Petitioners are accused 8 to 10 in Crime No.884/2015 of Pattambi Police Station registered for offences punishable under Sections 143, 147, 148, 447, 324, 302, 201 and 120B r/w Section 149 I.P.C.
3.
Heard the learned counsel for the petitioners and the learned Public Prosecutor.
4.
Prosecution case, in short, is that the accused persons, who nurtured enmity towards deceased attacked him on 25-08-2015 at about 4.30 p.m.
5.
Learned counsel for the petitioners submitted that the petitioners were arrested on 10-09-2015 and they are in custody since then. Investigation in respect of the petitioners have
B.A No.6911 of 2015 2 advanced to a considerable extent. Considering the facts and circumstances of the case, I find that bail can be granted to the petitioners with following strict conditions :
1. The petitioners shall be released on bail on executing a bond for Rs.50,000/- each (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate having jurisdiction.
2. The sureties shall produce documents to establish their identity and solvency. The learned Magistrate need not insist on the solvency certificate, but other documents can also be perused to find out whether the sureties are solvent or not.
3. The petitioners shall appear before the Investigating Officer on all Mondays and Thursdays between 10.00 and 11.00 a.m until final report is filed.
4. The petitioners shall not enter the limit of Pattambi Police station for a period of three months except for the purpose of appearing before the court/investigating officer.
B.A No.6911 of 2015 3
5. The petitioners shall not indulge in any offence while on bail.
6. The petitioners shall not influence or intimidate the witnesses or meddle with the investigation in any manner.
If any of the above conditions is breached by the petitioners, the learned Magistrate is free to cancel bail without referring the matter to this Court.
Sd/- A.HARIPRASAD, JUDGE.
amk //True copy// P.A to Judge