Rahul Raghavan v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.HARIPRASAD TUESDAY, THE 15TH DAY OF DECEMBER 2015/24TH AGRAHAYANA, 1937 Bail Appl..No. 7372 of 2015 ------------------------------- CRIME NO. 1835/2015 OF ANGAMALY POLICE STATION, ERNAKULAM DISTRICT. .........
PETITIONER/A2:
----------------------- RAHUL RAGHAVAN, AGED 25 YEARS, S/O. RAGHAVAN, CHATTAKKARAN HOUSE, THURAVOOR P.O., PERINGAMPARAMBU, ANGAMALY.
BY ADVS.SRI.T.P.RAMACHANDRAN (THACHETH) SMT.N.G.SINDHU RESPONDENT/COMPLAIANANT:
--------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM, KOCHI - 682 031.
*ADDL. R2 IMPLEADED
2. ANOOP, SUB INSPECTOR OF POLICE, ANGAMALY POLICE STATION.
ADDL. R2 IS IMPLEADED SUO MOTU AS PER ORDER DATED 02.12.2015 IN CRL.MA.11253/15 IN BA.7372/2015. R1 BY PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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A.HARIPRASAD, J.
-------------------------------------- B.A. No.7372 of 2015 -------------------------------------- Dated this the 15th day of December, 2015
ORDER
Application under Section 438 of the Code of Criminal Procedure.
2.
Second accused in Angamaly Police Station Crime No.1835 of 2015 alleging offences punishable under Sections 341, 323, 324 and 326 read with Section 34 of the Indian Penal Code seeks pre-arrest bail. 3.
Prosecution case is that on 06.10.2015 at 9.50p.m., accused 1 to 3 with a common intention to inflict injury on the defacto complainant, attacked him for questioning their consumption of liquor sitting on the varandha of a hotel.
4.
Heard both sides.
5.
Learned counsel for the petitioner submitted that there is no allegation that the petitioner used any weapon to attack the defacto complainant.
Considering the nature of allegations, I am of the view that custodial interrogation of the petitioner is not necessary. Hence the following order:
i.
Petitioner shall surrender before the investigating officer
BA No.7372/2015 within a period of two weeks and submit himself for interrogation. Thereafter he shall execute a bond for `50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the investigating officer. In that event, he shall be released on bail in Crime No.1835 of 2015 of Angamaly Police Station.
ii.
The sureties shall produce documents to establish their identity and solvency. The investigating officer shall 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 as and when directed in writing and co-operate with the investigation in the matter.
iv.
He shall not influence or intimidate the witnesses. In case of violation of any of the above conditions, the officer concerned is free to arrest the petitioner as if no order is passed. A. HARIPRASAD, JUDGE.
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