Raveendran T. 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. 7183 of 2015 () ------------------------------- CRIME NO. 466/2015 OF ADHUR POLICE STATION , KASARGOD DISTRICT ------------------- PETITIONER(S)/ACCUSED NOS.1 TO 9:

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1. RAVEENDRAN T., S/O.T.KANNAN, AGED 48 YEARS, BEPPU HOUSE, THALAKKOD MOOLA, IRIYANNI POST, MULIYAR VIA - 671 542, KASARAGOD DISTRICT.

2. AJESH KUMAR.M., S/O.JANARDHANAN, AGED 25 YEARS, KALAPPURA HOUSE, PERADUKKAM, IRIYANNI POST, MULIYAR VIA - 671 542, KASARAGOD DISTRICT.

3. AJITH M., S/O.JANARDHANAN, AGED 28 YEARS, KALAPPURA HOUSE, PERADUKKAM, IRIYANNI POST, MULIYAR VIA - 671 542, KASARAGOD DISTRICT.

4. NISHAD M.V, S/O.B.K.NARAYANAN,AGED 30 YEARS, BEPPU, METHALEMOOLA, IRIYANNI POST, MULIYAR VIA - 671 542, KASARAGOD DISTRICT.

5. SUNIL KUMAR T., AGED 25 YEARS, S/O.KUNHIRAMAN, KUNIYERI HOUSE, IRIYANNI POST, MULIYAR, VIA- 671 542, KASARAGOD DISTRICT.

6. CHANDRAN.T., S/O.KRISHNAN NAIR, AGED 49 YEARS, KUNIYERI HOUSE, MALIAKKAL HOUSE, IRIYANNI POST, MULIYAR VIA -671 542, KASARAGOD DISTRICT.

7. NISHAD.P., S/O.KUNHIKANNAN S.M., AGED 25 YEARS, PERADUKKAM HOUSE, IRIYANNI POST, MULIYAR VIA -671 542, KASARAGOD DISTRICT.

8. GOPALAKRISHNAN.T., AGED 42 YEARS, S/O.DAMODARAN, PERADUKKAM, IRIYANNI POST, MULIYAR VIA- 671 542, KASARAGOD DISTRICT.

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-2BA.NO.7183/2015

9. JAYARAJ.P., S/O.NARAYANAN, AGED 32 YEARS, PANAYATHOL HOUSE, IRIYANNI POST, MULIYAR VIA- 671 542, KASARAGOD DISTRICT.

BY ADVS.SRI.M.SASINDRAN SRI.A.ARUNKUMAR RESPONDENT(S)/COMPLAINANT & STATE:

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

2. THE STATION HOUSE OFFICER, (CRIME NO.466/2015 OF ADHUR POLICE STATION, KASARAGOD DISTRICT, PIN: 671 121.

BY PUBLIC PROSECUTOR SMT. LALIZA.T.Y.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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A.HARIPRASAD, J.

-------------------------------------- B.A. No.7183 of 2015 -------------------------------------- Dated this the 18th day of November, 2015

ORDER

Application for bail under Section 439 of the Code of Criminal Procedure.

2.

Accused 1 to 9 in Crime No.466 of 2015 of Adhur Police Station registered for offences punishable under Sections 143, 147, 148, 334, 427, 452, 380 and 308 read with Section 149 of the Indian Penal Code are the petitioners.

3.

Defacto complainant's wife was a candidate in the recently concluded local body election. On 02.11.2015 the petitioners as members of an unlawful assembly trespassed into the shoproom of the defacto complainant and attacked him with sticks. They caused damage to the articles in the shop and pilfered `50,000/- kept in the shop. 4.

Heard both sides.

5.

Learned counsel for the petitioners submitted that the incident was on account of an election dispute and the petitioners remain in custody from 05.11.2015 onwards.

Considering the stage of investigation and the fact that witnesses have been questioned, bail is granted to the petitioners with following conditions:

BA No.7183/2015 i.

Each petitioner shall execute a bond for `25,000/- (Rupees twentyfive thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate having jurisdiction. ii.

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

iii.

Each petitioner shall deposit `5,000/- (Rupees five thousand only) before the learned Magistrate within a period of two weeks from the date of release.

iv.

Petitioners shall appear before the Investigating Officer on all Mondays and Thursdays between 9.00 and 10.00 a.m until final report is filed.

v.

They shall not indulge in any offence while on bail. vi.

They 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 petitioners, the lower court concerned is free to cancel bail without referring the matter to this Court.

A. HARIPRASAD, JUDGE.

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