Rajagopal @ Rajan v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.HARIPRASAD TUESDAY, THE 17TH DAY OF NOVEMBER 2015/26TH KARTHIKA, 1937 Bail Appl..No. 7038 of 2015 () ------------------------------- CRIME NO. 1879/2015 OF VIYYUR POLICE STATION , THRISSUR DISTRICT ------------------- APPLICANTS/ACCUSED NOS.1 TO 3:
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1. RAJAGOPAL @ RAJAN, AGED 47 YEARS, S/O.NARAYANAN, THAZHATHUVALAPPIL HOUSE, VILLADAM, THRISSUR DISTRICT.
2. ABHIJITH @ UNNIKRISHNAN, AGED 20 YEARS, S/O.RAJAGOPAL, THAZHATHUVALAPPIL HOUSE, VILLADAM, THRISSUR DISTRICT.
3. NIKHIL, AGED 22 YEARS, S/O.BABU, THATTAPARAMBIL HOUSE, VILLADAM, THRISSUR DISTRICT.
BY SRI.P.VIJAYA BHANU,SENIOR ADVOCATE ADVS. SRI.THOMAS J.ANAKKALLUNKAL SRI.VIPIN NARAYAN RESPONDENT/COMPLAINANT :
------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SMT. R.REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sts
A.HARIPRASAD, J.
------------------------------------------------ B.A No.7038 of 2015 ------------------------------------------------ Dated this the 17th day of November, 2015.
O R D E R
Application for pre-arrest bail under Section 438 Cr.P.C. 2.
Petitioners are accused Nos.1 to 3 in Crime No.1879 of 2015 of Viyyur Police Station registered for offences punishable under Sections 341, 323, 294(b), 506(i), 354 and 452 r/w Section 34 I.P.C.
3.
Prosecution case, in short, is that the defacto complainant had lent an amount of Rs.10,000/- to the first petitioner. It is the contention of the first petitioner that he had returned the money with interest. Admittedly, the parties are neighbours. In connection with the borrowal, there was a dispute on 27-0-2015 at about 7.00 p.m., which resulted in a skirmish. The petitioner assaulted the defacto complainant. In the push and pull, the maxi worn by the lady was torn.
4.
Heard the learned counsel for the petitioners and the learned Public Prosecutor.
5.
After hearing the learned counsel for the petitioners and
B.A No.7038 of 2015 2 the learned Public Prosecutor, I find that bail can be granted to the petitioners with following directions :
1. Petitioners shall surrender before the investigating officer within a period of two weeks from today and submit themselves for interrogation. In that event, they shall be released on bail on executing a bond for Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the Investigating Officer.
2.
The sureties shall produce documents to establish their identity and solvency. The Investigating Officer 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 Petitioners shall appear before the Investigating Officer as and when directed.
4. Petitioners shall not influence or intimidate witnesses.
5. If any of the above conditions is violated by the petitioners, the learned Magistrate having jurisdiction is free to cancel the bail.
Sd/- A.HARIPRASAD, JUDGE.
amk //True copy// P.A to Judge