Arun v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD MONDAY, THE 16TH DAY OF NOVEMBER 2015/25TH KARTHIKA, 1937 Bail Appl..No. 7236 of 2015 () ------------------------------- CRIME NO. 1423/2015 OF CANTONMENT POLICE STATION, THIRUVANANTHAPURAM ------------------ PETITIONER/4TH ACCUSED (PARTY IN CUSTODY) :

-------------------------------------------------------------------------- ARUN AGED 19, S/O. AJI CHENNANPARA PUTHEN VEEDU ANAVOOR DESOM, KUNNATHUKAL VILLAGE.

BY ADV. SRI.M.SREEKUMAR RESPONDENT/STATE :

----------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.

BY PUBLIC PROSECUTOR SMT. R. REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn

A.HARIPRASAD, J.

------------------------------------------------ ------------------------------------------------- Dated this the 16th day of November, 2015

O R D E R

Applications filed under Section 439 of the Code of Criminal Procedure.

2.

Petitioner is the 4th accused in Crime No.1423 of 2015 of Cantonment Police Station registered for the offences punishable under Sections 143, 147, 148, 294(b), 323, 324, 308, 342 & 427 r/w Section 149 of the Indian Penal Code.

3.

Prosecution case is that on 15.09.2015 at about 01.00 p.m., accused Nos.1 to 15 formed themselves into an unlawful assembly and attacked the defacto complainant with weapons like iron pipe, cricket stump etc.

4.

Heard both sides.

5.

Learned counsel for the petitioner submitted that the petitioner is in custody from 14.10.2015. 6.

Considering the facts and circumstances of the case and nature of allegations, I am inclined to grant bail to the petitioner with the following conditions:

(a) The petitioner shall be released on bail on executing a bond for `50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum to the satisfaction of the learned magistrate having jurisdiction.

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

(c) Apart from the above said two sureties, either of the parents shall be an additional surety for the said amount.

(d) The petitioner shall appear before the Investigating Officer on all Saturdays and Sundays between 09.00 a.m and 10.00 a.m.

until the final report is filed.

(e) The petitioner shall not intimidate or attempt to influence the witnesses.

(f) The petitioner shall not in any manner interfere or meddle with the investigation.

(g) The petitioner shall not, during the period of this bail get involved in any offence.

In case any of the above conditions is not fulfilled or violated, bail granted hereby is liable to be cancelled for which the investigating officer may move application before the jurisdictional magistrate.

Sd/- A.HARIPRASAD, JUDGE.

AS /True copy/ P.A. to Judge