Anthony 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. 7042 of 2015 () ------------------------------- CRIME NO. 656/2015 OF VARANTHARAPPALLY POLICE STATION, THRISSUR DISTRICT.
.......
PETITIONER/ACCUSED (IN CUSTODY):
--------------------------------------------------------- ANTHONY, AGED 62 YEARS, S/O. OUSEPH, THRIKKUKARAN (H), KUNNATHUPADAM (DESOM), AMBALLUR VILLAGE, THRISSUR DISTRICT.
BY ADV. SRI.FRANCO T.J.
RESPONDENT/COMPLAINANT:
---------------------------------------------- STATE OF KERALA, REPRESENTED BY SUB - INSPECTOR OF POLICE, VARANTHARAPALLY POLICE STATION, THRISSUR DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN- 682 031.
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:
rs.
A.HARIPRASAD, J.
-------------------------------------- B.A. No.7042 of 2015 -------------------------------------- Dated this the 17th day of November, 2015
ORDER
Application for bail under Section 439 of the Code of Criminal Procedure.
2.
Petitioner is the accused in Varantharapally Police Station Crime No.656 of 2015 of registered for an offence punishable under Section 302 of the Indian Penal Code.
3.
Allegation is that on 08.09.2015 at 9.45 a.m., on account of property disputes, the petitioner committed murder of his own brother by hitting with a iron rod on head. Petitioner remains in custody from 08.09.2015 onwards.
4.
Heard both sides.
5.
It is submitted that investigation has advanced to a considerable extent.
Considering the nature of allegations, bail is granted to the petitioner with following conditions:
i.
Petitioner shall be released on bail on executing a bond for `50,000/- (Rupees fifty thousand only) with two solvent sureties each for
BA No.7042/2015 the like sum to the satisfaction of the learned Magistrate having jurisdiction. ii.
The sureties shall produce documents to establish their identity and solvency. The lower court need not insist on the solvency certificate, but other documents can also be perused to find out whether the sureties are solvent or not.
iii.
Petitioner shall appear before the Investigating Officer on all Saturdays between 9.00 and 10.00 a.m until final report is filed. iv.
He shall not indulge in any offence while on bail. v.
He 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 petitioner, the lower court concerned is free to cancel bail without referring the matter to this Court.
A. HARIPRASAD, JUDGE.
cks