Prasannan v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD WEDNESDAY, THE 25TH DAY OF NOVEMBER 2015/4TH AGRAHAYANA, 1937 Bail Appl..No. 7328 of 2015 ------------------------------- CRIME NO. 1517/2015 OF PAYYANNUR POLICE STATION, KANNUR. .......

PETITIONER/ACCUSED:

---------------------------------- PRASANNAN N.V., AGED 34 YEARS, S/O.K.NARAYANAN, MOUVANCHERY VALAPPIL HOUSE, KOROM AMSOM, KOKKAT, KANNUR DISTRICT.

BY ADVS.SRI.M.SASINDRAN SRI.P.K.SUBHASH RESPONDENT(S)/COMPLAINANT & STATE:

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1. STATE OF KERALA - REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.

2. THE STATION HOUSE OFFICER, (CRIME NO.1517 OF 2015 OF PAYYANNUR POLICE STATION), KANNUR DISTRICT - 670 001.

BY PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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A.HARIPRASAD, J.

-------------------------------------- B.A. No.7328 of 2015 -------------------------------------- Dated this the 25th day of November, 2015

ORDER

Application for bail under Section 439 of the Code of Criminal Procedure.

2.

First 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 seeks bail.

3.

Prosecution contended that on 29.10.2015 at 1.15 p.m., when the defacto complainant was attempting to take an accused into custody, petitioner along with other accused formed into an unlawful assembly and in furtherance of their common intention, caused hurt to the Police Officers. 4.

Heard both sides.

5.

Learned counsel for the petitioners submitted that as per order on B.A.No.7212 of 2015 other accused in the crime have been released on bail on 20.11.2015.

Considering the fact that the petitioner is not involved in any other case and that he remains in custody from 09.11.2015 onwards, bail is granted to him with following conditions:

BA No.7328/2015 i.

Petitioner shall be released on bail on executing a bond for `50,000/- (Rupees fifty only) with two solvent sureties each for the 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.

Petitioner 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 petitioner, the lower court concerned is free to cancel bail without referring the matter to this Court.

A. HARIPRASAD, JUDGE.

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