Suresh v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.HARIPRASAD FRIDAY, THE 20TH DAY OF NOVEMBER 2015/29TH KARTHIKA, 1937 Bail Appl..No. 7151 of 2015 () ------------------------------- CRIME NO. 1124/2015 OF KATTAPPANA POLICE STATION, IDUKKI DISTRICT ------------------- PETITIONERS/ACCUSED NOS. 1, 4, 5, 6, 7 & 8 : ------------------------------------------------------------------ 1.
SURESH AGED 44 YEARS, S/O. GOPALAN KARICKAMATTATHIL HOUSE ANAKUTHY KARA, IDUKKI DISTRICT.
BIJU AGED 36 YEARS, S/O. VIJAYAN ONAVAYALIL HOUSE, ANAKUTHY KARA, IDUKKI DISTRICT.
3.
AKKAN @ SAJI AGED 45 YEARS, S/O. SIVARAMAN CHERUVIL HOUSE, KOCHUTHOVALA IDUKKI DISTRICT.
4.
SHIJIMON @ SHIJU AGED 20 YEARS, S/O. THANKACHAN KODOOR HOUSE, KOCHUTHOALA IDUKKI DISTRICT.
5.
RAJESH @ LATHEESH AGED 31 YEARS, S/O. JANARDHANAN PANACHITHURUTHIL, PANPADUMPARA IDUKKI DISTRICT.
6.
PRINCE @ AJITH AGED 24 YEARS, S/O. SUNNY CHEMMARAPALLIL HOUSE, ANAKUTHY IDUKKI DISTRICT.
BY SENIOR ADVOCATE SRI.GRASHIOUS KURIAKOSE BY ADV. SRI.GEORGE MATHEWS ...2/-
Bail Appl..No. 7151 of 2015 () -2RESPONDENTS/COMPLAINANT & DEFACTO COMPLAINANT : ----------------------------------------------------------------------------------------- 1.
STATE OF KERALA STATION HOUSE OFFICER KATTAPPANA POLICE STATION REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.
ANEESH S/O. MICHEAL, AGED 34 YEARS PUTHETTU HOUSE, ANAKUTHY KOCHUTHOVALA, KATTAPPANA IDUKKI DISTRICT - 685 508.
R1 BY PUBLIC PROSECUTOR SMT. LALIZA T.Y.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn
A.HARIPRASAD, J.
------------------------------------------------ ------------------------------------------------- Dated this the 20th day of November, 2015
O R D E R
Application filed under Section 438 of the Code of Criminal Procedure.
Petitioners are accused Nos.1, 4 to 8 in Crime No.1124 of 2015 of Kattappana Police Station registered for the offences punishable under Sections 143, 144, 147, 148, 452, 294(b), 323, 324 & 326 r/w Section 149 of the Indian Penal Code.
3.
Prosecution case is that on 28.08.2015 at about 08.45 p.m., the accused as members of an unlawful assembly armed with deadly weapons abused and attacked the defacto complainant causing injuries. 4.
Heard learned Senior counsel for the petitioners and the learned Public Prosecutor.
5.
Learned Senior counsel for the petitioners submitted that there is a counter case to this incident which is numbered as Crime No.1125 of 2015 of the same Police Station. Both matters have been settled between
the parties.
6.
Learned Public Prosecutor submitted that as such the prosecution has no instruction regarding the settlement.
7.
Considering the facts and circumstances, the following directions are issued:
(a) Petitioners shall surrender before the Investigating Officer within a period of 'two weeks' from today and submit themselves for interrogation. Thereafter, they shall be released on bail on executing a bond for `50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the Investigating Officer.
(b) The petitioners shall appear before the Investigating Officer as and when directed for the purpose of interrogation.
(c) The petitioners shall co-operate with the investigation of the case.
(d) The petitioners shall not intimidate or attempt to influence the witnesses.
(e) The petitioners shall not in any manner interfere or meddle with the investigation.
(f) The petitioners shall not, during the period of this bail get involved in any offence.
In case any of the above conditions is violated, bail granted hereby is liable to be cancelled for which the investigating officer may move application before the jurisdictional magistrate.
Sd/- A.HARIPRASAD, JUDGE.
AS /True Copy/ P.A. to Judge