Joy v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD THURSDAY, THE 26TH DAY OF NOVEMBER 2015/5TH AGRAHAYANA, 1937 Bail Appl..No. 7378 of 2015 () ------------------------------- CRIME NO. 669/2015 OF NARUVAMOODU POLICE STATION, THIRUVANANDAPURAM DISTRICT ---------------- PETITIONER/ACCUSED :

--------------------------------- JOY, AGED 40 YEARS, S/O.THANKAYYAN NADAR, RESIDING AT GOJITH MANDIRAM, MARUKIL, MALAYINKEEZHU, THIRUVANANTHAPURAM DISTRICT BY ADVS.SMT.M.SANTHI (K/868/2011) SRI.G.RANJU MOHAN RESPONDENTS/STATE :

-------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR MR. C. RASHEED THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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A.HARIPRASAD, J.

------------------------------------------------ ------------------------------------------------- Dated this the 26th day of November, 2015

O R D E R

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

2.

Petitioner is the sole accused in Crime No.669 of 2015 of Naruvamoodu Police Station registered for the offence punishable under Section 302 of the Indian Penal Code.

3. Prosecution case is that on 04.10.2015 at about 09.30 p.m., the deceased went to the rented house of the accused to question about tying of rope across and in connection with that the incident has happened. The case is that the accused beat with the deceased with an iron rod on head causing the fatal injury.

4.

Heard both sides.

5.

Learned Public Prosecutor submitted that material witnesses have been questioned. He is in custody from 05.10.2015 onwards.

6.

Considering the nature of allegations and stage of investigation, I am inclined to grant bail to the

petitioner with the following conditions:

(a) The petitioner shall be released on bail on his 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) The petitioner shall appear before the Investigating Officer on all Mondays and Thursdays between 10.00 a.m and 11.00 a.m.

until the final report is filed.

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

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

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

In case any of the above conditions is 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