Binu v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.HARIPRASAD WEDNESDAY, THE 18TH DAY OF NOVEMBER 2015/27TH KARTHIKA, 1937 Bail Appl..No. 7152 of 2015 () ------------------------------- CRIME NO. 1317/2015 OF ANTHIKKAD POLICE STATION,THRISSUR DISTRICT ------------------ PETITIONER/ACCUSED(IN CUSTODY):
---------------------------------------------------------- BINU, AGED 21 YEARS,S/O. SUNIL BABU, VIYYATH HOUSE, PANTHODU DESOM, ANTHIKAD VILLAGE, THRISSUR DISTRICT.
BY ADV. SRI.RAJIT RESPONDENT :
-------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM.
BY SR PUBLIC PROSECUTOR SRI.C.RASHEED THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sts
A. HARIPRASAD, J.
------------------------------ Bail Appl. No.7152 of 2015 -------------------------------------------- Dated this the 18th day of November 2015
O R D E R
Bail application filed under Sec.439 Cr.P.C.
2. Petitioner is the accused in Crime No.1317 of 2015 of Anthikkad Police station registered for the offences punishable under Secs.450 and 307 of the Indian Penal Code. Prosecution case is that on 22.09.2015 at about 9.00 p.m., the petitioner trespassed into the house of the defacto complainant, armed with a knife, and stabbed her niece Maya on chest, abdomen and other vital parts with an intention to kill her.
3. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
4. Learned counsel for the petitioner submitted that the petitioner is in custody from 23.09.2015 onwards and bail may be granted to him.
5. Learned Public Prosecutor submitted that major part of the investigation has advanced to a considerable extent.
Bail Appl. No.7152 of 2015 2 Considering nature of allegations, relationship between the parties and also 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 the Investigating Officer for interrogation on all Mondays and Thursdays between 10.00 a.m.
Bail Appl. No.7152 of 2015 3 and 11.00 a.m. until final report is filed.
v. The petitioner shall surrender his passport before the lower court concerned or if he do not have the same, file an affidavit to that effect.
vi. The petitioner shall not enter the limits of Anthikkad Police station except for complying with the directions in the bail order. vii. The petitioner shall not intimidate or attempt to influence the witnesses, nor shall he tamper with the evidence.
viii. 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/18/11/2015 P.A. To Judge