Saji @ Sasi v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD MONDAY, THE 16TH DAY OF NOVEMBER 2015/25TH KARTHIKA, 1937 Bail Appl..No. 7058 of 2015 ------------------------------- CRIME NO. 2837/2015 OF ADOOR POLICE STATION, PATHANAMTHITTA DISTRICT. .......

PETITIONER(S)/ACCUSED 1 AND 3:

--------------------------------------------------

1. SAJI @ SASI, AGED 38 YEARS, S/O.T.P.SAMUEL, NRIAPPIL VEEDU, KAITHAPARAMBU P.O., EZHAMKULAM, ENATHU VIA, ADOOR, PATHANAMTHITTA DISTRICT.

2. VINEESH, AGED 27 YEARS, S/O.KOCHUNNI SAMUEL, KAITHAPARAMBU P.O., EZHAMKULAM, ENATHU VIA, ADOOR, PATHANAMTHITTA DISTRICT.

BY ADV. SRI.K.S.SIVA KUMAR RESPONDENT(S)/COMPLAINANT:

------------------------------------------------

1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.

2. SUB INSPECTOR OF POLICE, ADOOR POLICE STATION, PATHANAMTHITTA DISTRICT - 686 645.

BY PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

mbr/

A.HARIPRASAD, J.

-------------------------------------- B.A. No.7058 of 2015 -------------------------------------- Dated this the 16th day of November, 2015

ORDER

Application under Section 438 of the Code of Criminal Procedure.

2.

Accused 1 and 3 in Adoor Police Station Crime No.2837 of 2015 alleging offences punishable under Sections 452,294(b), 323, 354, 427 and 506(i) read with Section 34 of the Indian Penal Code seek prearrest bail. 3.

Allegation is that on 28.10.2015 at 16.30 hours, the accused persons with their common intention to physically assault the defacto complainant and others, attacked them and when the defacto complainant's daughter-in-law intervened, she was pushed down. 4.

Heard both sides.

Considering the nature of allegations, I do not find any need for a custodial interrogation. Hence the following order: i.

Petitioners shall surrender before the investigating officer within a period of two weeks and submit themselves for interrogation. Thereafter each one of them shall execute a bond for `25,000/- (Rupees twentyfive thousand only) with two solvent sureties each

BA No.7058/2015 for the like sum to the satisfaction of the investigating officer. In that event, they shall be released on bail in Crime No.2837 of 2015 of Adoor Police Station.

ii.

The sureties shall produce documents to establish their identity and solvency. The investigating officer shall not insist on the solvency certificate, but other documents can also be perused to find out whether the sureties are solvent or not.

iii.

Petitioners shall appear before the investigating officer on all Saturdays between 9.00 and 10.00 a.m. until final report is filed. iv.

They shall not influence or intimidate the witnesses.

In case of violation of any of the above conditions, the officer concerned is free to arrest the petitioners as if no order is passed. A. HARIPRASAD, JUDGE.

cks