Sudheer v. State Of Kerala
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. 7212 of 2015 () ------------------------------- CRIME NO. 1517/2015 OF PAYYANNUR POLICE STATION, KANNUR DISTRICT --------------- PETITIONER/ACCUSED :
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1. SUDHEER, AGED 39 YEARS, S/O.RAGHAVAN, KIZHAKKUMBAD, VELLUR P. O., PAYYANNUR VIA, KANNUR DISTRICT
2. VINOD K. P., AGED 43 YEARS, S/O. SAVITHRI KANDOTH, VELLUR P. O., PAYYANNUR VIA KANNUR DISTRICT
3. REGESH KUINANGADAN, AGED 30 YEARS, S/O. GOPALAN, VELLUR P. O., PAYYANNUR VIA KANNUR DISTRICT
4. VALIYAT BALAKRISHNAN, AGED 45 YEARS, S/O. KUNHAMBU, MUTHIYALAM, KOROM, PAYYANNUR, KANNUR DISTRICT
5. THAIVALAPPIL RANJITH, AGED 33 YEARS S/O.NARAYANAN, KOROM CENTRAL , CHALAKODE P O PAYYANUR , KANNUR DISTRICT
6. MATTUMMAL ANILKUMAR AGED 43 YEARS S/O.KUMARAN, KUNNINUKIZHAKKU, EDAT P O KANNUR DISTRICT
7. NAICHALATH BIJU AGED 38 YEARS S/O.KRISHNAN, EDAT, KANNUR DISTRICT BY ADVS.SRI.M.SASINDRAN SRI.A.ARUNKUMAR RESPONDENTS/COMPLAINANT & STATE :
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1. STATE OF KERALA REP BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, 682031
Bail Appl..No. 7212 of 2015 ()
2. THE STATION HOUSE OFFICER (CRIME NO 1517/2015 OF PAYYANNUR POLICE STATION) KANNUR DISTRICT 670001 R1 & R2 BY PUBLIC PROSECUTOR SMT. R. REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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A.HARIPRASAD, J.
-------------------------------------- B.A. No.7212 of 2015 -------------------------------------- Dated this the 20th day of November, 2015
ORDER
Application for bail under Section 439 of the Code of Criminal Procedure.
2.
Petitioners are accused in Crime No.1517 of 2015 of Payyannur Police Station registered for offences punishable under Sections 143, 147, 148, 341, 353, 332 and 225B read with Section 149 of the Indian Penal Code. They seek bail.
3.
Prosecution contended that on 29.10.2015 at 1.15 p.m., when the defacto complainant took an accused in custody, petitioners along with other accused formed into an unlawful assembly and in furtherance of their common intention, caused hurt to a Police Officer and other officials. 4.
Heard both sides.
5.
Learned counsel for the petitioners submitted that petitioners 1 and 2 were arrested on 29.10.2015 and others on 05.11.2015. Considering the nature of allegations and the stage of investigation, bail is granted to the petitioners with following conditions: i.
Petitioners shall be released on bail on executing a bond for `50,000/- (Rupees fifty only) each with two solvent sureties each for the
BA No.7212/2015 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.
Petitioners shall appear before the Investigating Officer on all Saturdays between 9.00 and 10.00 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 petitioners, the lower court concerned is free to cancel bail without referring the matter to this Court.
A. HARIPRASAD, JUDGE.
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