Athul Ramesh v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD TUESDAY, THE 1ST DAY OF DECEMBER 2015/10TH AGRAHAYANA, 1937 Bail Appl..No. 7190 of 2015 -------------------------------------- CRIME NO. 1771/2015 OF MANNAR POLICE STATION, ALAPPUZHA ..........

PETITIONER(S)/ACCUSED NO.1:

---------------------------------------------- ATHUL RAMESH, AGED 20 YEARS, S/O.RAMESH, ATHUL BHAVAN, CHENNITHALA MURI, THIREPERUTHARA VILLAGE, MANNAR, MAVELIKKARA TALUK, ALAPPUZHA DISTRICT.

BY ADV. SRI.AJITH MURALI RESPONDENT(S)/COMPLAINANT:

----------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682 031. BY PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: msv/

A. HARIPRASAD, J.

----------------------------- Bail Appl. No.7190 of 2015 -------------------------------------------- Dated this the 1st day of December 2015

O R D E R

Bail application filed under Sec.438 Cr.P.C.

2. Petitioner is the 1st accused in Crime No.1771 of 2015 of Mannar Police station registered for the offences punishable under Secs.341, 294(b), 323 and 326 read Sec.34 of the Indian Penal Code. Gist of the prosecution allegation is that on 29.10.2015 at about 5.00 p.m., due to previous enmity, the 2nd accused attacked the defacto complainant and inflicted injuries to him with a stick. The petitioner beat him with a stick causing fracture of a bone in his palm.

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

4. Learned counsel for the petitioner submitted that the petitioner is aged only 20 years and is having some mental deformity. He had applied for disability certificate, but it has not been obtained.

5. Learned Public Prosecutor submitted that the

Bail Appl. No.7190 of 2015 2 wound certificate does not clearly show as to which portion of the hand was fractured.

Considering the nature of injuries and the age of the petitioner, pre arrest bail is granted to the petitioner with the following conditions.

1. The petitioner shall surrender before the investigating officer within a period of two weeks and submit himself for interrogation.

2. In the event of arrest, the petitioner shall be released on his executing a bond for Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the investigating officer.

3. The petitioner shall appear before the Investigating Officer for interrogation as and when directed by him in writing.

4. The petitioner shall not intimidate or attempt to influence the witnesses, nor

Bail Appl. No.7190 of 2015 3 shall he tamper with the evidence.

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/01/12/2015 P.A. To Judge