← Library
High Court of KeralaBail Appl./7066/2015allowed

Ramachandran v. State Of Kerala

2015-11-12Honourable Mr. Justice A.Hariprasad4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD THURSDAY, THE 12TH DAY OF NOVEMBER 2015/21ST KARTHIKA, 1937 Bail Appl..No. 7066 of 2015 () ------------------------------- AGAINST THE ORDER IN CRMP 3913/2015 of J.M.F.C., ADOOR DATED 29-10-2015. CRIME NO. 128/2015 OF ADOOR POLICE STATION , PATHANAMTITTA. PETITIONER(S)/ACCUSED:

------------------------------------------ RAMACHANDRAN, AGED 56 YEARS, S/O. BHASKARAN, CHARUVILA KIZHAKKATHIL VEEDU, PERINGANADU VILLAGE, ADOOR TALUK, PATHANATHAMTHITTA DISTRICT.

BY ADVS.SRI.K.SHAJ.

SRI.SAJJU.S.

RESPONDENT(S)/STATE:

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

1. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 31

2. SUB INSPECTOR OF POLICE, ADOOR P[OLICE STATION, ADOOR, PATHANAMTHITTA DISTRICT 689 645.

BY PUBLIC PROSECUTOR SMT.R.REMA.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: amk

A.HARIPRASAD, J.

------------------------------------------------ B.A No.7066 of 2015 ------------------------------------------------ Dated this the 12th day of November, 2015.

O R D E R

Application for bail under Section 439 Cr.P.C. 2.

Petitioner is the accused in Crime No.128/2015 of Adoor Police Station registered for offences punishable under Sections 294(b) and 308 I.P.C.

3.

Heard the learned counsel for the petitioner and the learned Public Prosecutor.

4.

Prosecution case, in short, is that the petitioner was inimical towards the defacto complainant since the latter had filed a complaint against the former before the police. On that account, on 26-01-2015 at about 9.00 p.m., the petitioner abused the defacto complainant and attacked him with a hand saw blade causing injuries on head and other parts of the body. 5.

The petitioner was arrested on 15-10-2015. They are

B.A No.7066 of 2015 2 neighbours. There is no case for the prosecution that the petitioner is a habitual criminal. Considering the nature of injuries and the number of days in custody, I find that bail can be granted to the petitioner with following strict conditions :

1. The petitioner shall be released on bail on executing a bond for Rs.50,000/- (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 petitioner 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 petitioner shall not enter the limits of Adoor Police station for a period of three

B.A No.7066 of 2015 3 months except for the purpose of appearing before the court/investigating officer.

5. The petitioner shall not indulge in any offence while on bail.

6. The petitioner 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 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