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High Court of KeralaBail Appl./7189/2015allowed

Maneesh v. The State Of Kerala

2015-11-20Honourable Mr. Justice A.Hariprasad3 pages

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. 7189 of 2015 () ------------------------------ CRIME NO. 814/2015 OF MANGALAPURAM POLICE STATION, THIRUVANANTHAPURAM --------------------- PETITIONER/2ND ACCUSED :

------------------------------------------ MANEESH AGED 23 YEARS, S/O MAHESWARAN, MANAKKATTIL VEEDU NEAR KARICHARA PARAKKARI TEMPLE, PALLIPPURAM VILLAGE THIRUVANANTHAPURAM DISTRICT.

BY ADV. SRI.C.R.SIVAKUMAR RESPONDENT/COMPLAINANT :

----------------------------------------------- THE STATE OF KERALA REP. BY THE SUB INSPECTOR OF POLICE MANGALAPURAM POLICE STATION THIRUVANANTHAPURAM DISTRICT THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM.

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.

-------------------------------------- B.A. No.7189 of 2015 -------------------------------------- Dated this the 20th day of November, 2015

ORDER

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

2.

Petitioner is the second accused in Crime No.814 of 2015 of Mangalapuram Police Station registered for offences punishable under Sections 143, 147, 148, 294(b), 308, 323 and 324 read with Section 149 of the Indian Penal Code. He seeks bail.

3.

Prosecution case, in short, is that on 10.08.2015, the accused persons wrongfully restrained the defacto complainant and attacked him with granite piece, iron block etc. due to previous enmity. 4.

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

5.

Learned counsel for the petitioner submitted that as per order on B.A.Nos.6917 of 2015 and 5357 of 2015 some of the accused in the crime have been enlarged on bail. Petitioner is in custody from 24.10.2015 onwards.

Considering the stage of investigation, bail is granted to the petitioner with following conditions:

BA No.7189/2015 i.

Petitioner shall be released on bail on executing a bond for `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 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.

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.

iv.

He shall not indulge in any offence while on bail. v.

He 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 lower court concerned is free to cancel bail without referring the matter to this Court.

A. HARIPRASAD, JUDGE.

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