Abhilash @ Kongannur Kannan v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD FRIDAY, THE 13TH DAY OF NOVEMBER 2015/22ND KARTHIKA, 1937 Bail Appl..No. 7085 of 2015 ------------------------------- CRIME NO. 2106/2014 OF KUNNAMKULAM POLICE STATION, THRISSUR DISTRICT. .......

PETITIONER/1ST ACCUSED:

----------------------------------------- ABHILASH @ KONGANNUR KANNAN, AGED 25 YEARS, S/O. KALIDASAN, KAVIL HOUSE, KONGANNUR DESOM, AGATHIYAR VILLAGE, THRISSUR TALUK.

BY ADV. SRI.SANTHEEP ANKARATH RESPONDENT/COMPLAINAT:

------------------------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF EKRALA, ERNAKULAM, REPRESENTING SUB INSPECTOR OF POLICE, KUNNAMKULAM POLICE STATION KUNNAMKULAM - 680 503, THRISSUR DISTRICT.

BY PUBLIC PROSECUTOR SMT.T.Y.LALIZA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

mbr/

A. HARIPRASAD, J.

------------------------------ Bail Appl. No.7085 of 2015 -------------------------------------------- Dated this the 13th day of November 2015

O R D E R

Bail application filed under Sec.439 Cr.P.C.

2. Petitioner is the 1st accused in Crime No.2106 of 2014 of Kunnamkulam Police station registered for the offences punishable under Secs.143 147, 148, 341, 323, 325 and 307 read with Sec.149 of the Indian Penal Code. Prosecution case is that on 07.09.2014 at about 10.00 p.m., the petitioner along with other accused persons, due to enmity towards the defacto complainant, formed themselves into an unlawful assembly and attacked him causing grave injuries. He was stamped on the abdomen causing internal bleeding.

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

4. Learned counsel for the petitioner submitted that the petitioner was not named in the First Information Statement. Later, he was implicated in this case.

5. Learned Public Prosecutor submitted that the

Bail Appl. No.7085 of 2015 2 materials in the case diary reveal the role of the petitioner in this incident.

Considering the nature of allegations and the fact that investigation has advanced to a considerable extent, bail is granted to the petitioner with the following conditions.

i. The petitioner shall be released on bail on his 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.

ii. The sureties shall be the persons permanently residing in the State of Kerala and shall produce documents to establish their identity and solvency.

iii. The lower Court need not insist on solvency certificate. Other documents revealing the solvency of the sureties can also be relied on.

iv. The petitioner shall appear before

Bail Appl. No.7085 of 2015 3 the Investigating Officer for interrogation on all Mondays and Thursdays between 10.00 a.m. and 11.00 a.m. untill final report is filed.

v. The petitioner shall surrender his passport before the lower court concerned or if he does not have the same, file an affidavit to that effect.

vi. The petitioner shall not intimidate or attempt to influence the witnesses, nor shall he tamper with the evidence.

vii. The petitioner shall not involve in any other offence during the period of bail.

In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with law without referring the matter to this Court.

Sd/- A. HARIPRASAD JUDGE / True Copy / NS/13/11/2015 P.A. To Judge