Praveen 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. 7241 of 2015 ------------------------------- CRIME NO. 714/2015 OF VALLIKUNNAM POLICE STATION, ALAPPUZHA DISTRICT. ..........

PETITIONER/4TH ACCUSED:

----------------------------------------- PRAVEEN, AGED 21 YEARS, S/O.SURENDRAN, PRAVEEN BHAVANAM, KATTANAM, PALLICKAL P.O, ALAPPUZHA.

BY ADVS.SRI.R.SUNIL KUMAR SMT.A.SALINI LAL RESPONDENT/COMPLAINANT:

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

BY PUBLIC PROSECUTOR SMT.T.Y.LALIZA 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.

----------------------------- Bail Appl. No.7241 of 2015 -------------------------------------------- Dated this the 3rd day of December 2015

O R D E R

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

2. Petitioner is the 4th accused in Crime No.714 of 2015 of Vallikkunnam Police station registered for the offences punishable under Secs.143, 147, 148, 365, 342, 427, 294(b), 323, 324 and 307 read with Sec.149 of the Indian Penal Code. Prosecution case is that on 07.07.2015 at about 2.00 p.m., accused nos.1 to 12, as members of an unlawful assembly armed with weapons, attacked the defacto complainant due to previous hostility.

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

4. Learned counsel for the petitioner submitted that the petitioner is innocent of all the allegations. It is also submitted that the 1st accused in this crime has already been released on pre arrest bail as per order on

Bail Appl. No.7241 of 2015 2 B.A. No.4685 of 2015.

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

i) The petitioner shall be released on bail after interrogation on his executing a bond for Rs.25,000/- with two solvent sureties each for the like sum if he is arrested by the Police in connection with this case.

ii) He shall appear before the investigating officer between 10.00 a.m. to 11.00 a.m. every Wednesday for three months or till the final report is filed, whichever is earlier.

Iii) He shall not get himself involved in any other criminal case while he is on bail.

iv) He shall not intimidate or attempt to influence the witnesses.

v) He shall not destroy or tamper with the evidence.

vi) He shall surrender his passport before

Bail Appl. No.7241 of 2015 3 the lower Court concerned or if he does not have one, he shall file an affidavit to that effect within five days of his release.

vii) He shall not leave India without the previous permission of the Court of enquiry or the trial Court as the case may be.

In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with law. If the petitioner surrenders before the Magistrate, this order is not applicable and the learned Magistrate may pass appropriate orders.

Sd/- A. HARIPRASAD JUDGE / True Copy / NS/03/12/2015 P.A. To Judge