Aneesh P. v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD THURSDAY, THE 3RD DAY OF DECEMBER 2015/12TH AGRAHAYANA, 1937 Bail Appl..No. 7200 of 2015 ------------------------------- CRIME NO. 180/2015 OF CHERUTHURUTHY POLICE STATION, THRISSUR DISTRICT. ...........

PETITIONER(S)/ACCUSED 4,5 AND 6:

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1. ANEESH P., AGED 24 YEARS, S/O.MURALEEDHARAN P, PARUTHIKKAT HOUSE, PALLOOR (PO), KONDAYOOR, DESAMANGALAM VIA, THRISSUR DISTRICT.

2. ABHILASH P.G, AGED 28 YEARS, S/O.GOPALAKRISHNAN, KONDAYOOR PARAYANKUNNATH HOUSE, PALLOOR (PO), KONDAYOOR, DESAMANGALAM (VIA), THRISSUR DISTRICT.

3. RANJITH, AGED 26 YEARS, S/O.RAMANKUTTY, MANDHIYIL HOUSE, PALLAM (PO), THRISSUR DISTRICT.

BY ADVS.SRI.K.B.ARUNKUMAR SRI.RANJIT BABU RESPONDENT:

---------------------- STATE OF KERALA, REPRESENTED THROUGH THE SUB INSPECTOR OF POLICE, CHERTHURUTHY POLICE STATION, THRISSUR DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031. BY PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

mbr/

A.HARIPRASAD, J.

-------------------------------------- B.A. No. 7200 of 2015 -------------------------------------- Dated this the 3rd day of December, 2015

ORDER

Petition under Section 438 of the Code of Criminal Procedure. 2.

Petitioners are accused Nos.4 to 6 in Crime No.180 of 2015 of Cheruthuruthy Police Station registered for offences punishable under Sections 143, 147, 148, 341, 323, 324 and 308 I.P.C.

3.

Prosecution case, in short, is that on 30-03-2015 at about 7.30 p.m., the accused persons in furtherance of their common object, wrongfully restrained the defacto complainant and accused Nos.1 and 2 attacked him with soda bottles.

4.

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

5.

Learned counsel for the petitioners submitted that there is no allegation of overt act against the petitioners. Further, the first accused in the case was released on pre-arrest bail as per order in B.A No.2424/2015 dated 29-05-2015. Considering the facts and circumstances of the case, I am of the view that pre-arrest bail can be

B.A. No. 7200 of 2015 2 granted to the petitioners 4 to 6 with following directions :

1. Petitioners shall be released on bail after interrogation on executing a bond for Rs.25,000/- each (Rupees twenty five thousand only) with two solvent sureties each for the like sum if they are arrested by the Police in connection with this case.

2.

They shall appear before the Investigating Officer between 10.00 a.m and 11.00 a.m on every Friday for three months.

3.

They shall not destroy or tamper with evidence.

4.

They shall not get themselves involved in any other criminal cases.

5. In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.

Sd/- A.HARIPRASAD, JUDGE.

amk //True copy// P.A to Judge