Ajith E.S v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.HARIPRASAD FRIDAY, THE 27TH DAY OF NOVEMBER 2015/6TH AGRAHAYANA, 1937 Bail Appl..No. 7385 of 2015 () ------------------------------- CRIME NO. 950/2015 OF PERINGOME POLICE STATION, KANNUR DISTRICT ---------------- PETITIONERS/ACCUSED NO. 1,2,5,7,8 &10 :
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1. AJITH E.S., AGED 21 YEARS, S/O. SOMASEKHARAN, EDATHIL HOUSE, ALAPPADAMBA AMSOM
2. NIDHEESH. K.V., S/O BABU, AGED 19 YEARS, KOTTEYAN VEEDU, KANAM ALAPPADAMBA AMSOM
3. JAYESH K.T., S/O GOPI, AGED 30 YEARS, KANNARA, THEKKINIYIL HOUSE, KANAM, ETTUKKUDUKKA, ALAPPADAMBA AMSOM
4. PRAMOD P.V., S/O NARAYANAN, AGED 35 YEARS, PUTHUKULANGARA HOUSE VADAVANTHOOR, MATHIL, ALAPPADAMBA AMSOM
5. ANOOP C.C., S/O NARAYANAN, AGED 30 YEARS, CHEEMANCHERI CHENCHERI HOUSE, AYOLAM MATHIL, ALAPPADAMBA AMSOM
6. PRAKASAHAN V.K., S/O KUNHIKANNAN, AGED 41 YEARS, VARAMBATH, KOZHUMMEL CHERUPPARA, ETTUKKUDUKKA, ALAPPADAMBA AMSOM BY ADV. SRI.I.V.PRAMOD RESPONDENT/COMPLAINANT/STATE:
---------------------------------------------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682 031 BY PUBLIC PROSECUTOR SMT. T.Y. LALIZA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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A.HARIPRASAD, J.
-------------------------------------- B.A. No.7385 of 2015 -------------------------------------- Dated this the 27th day of November, 2015
ORDER
Application for bail under Section 439 of the Code of Criminal Procedure.
2.
Accused 1, 2, 5, 7, 9 and 10 in Crime No.950 of 2015 of Peringome Police Station registered for offences punishable under Sections 143, 147, 148, 341, 323, 324, 332, 307 and 395 read with Section 149 of the Indian Penal Code and Section 3(1) of the Prevention of Damage to Public Property Act, 1984 and Section 128(B) of the Kerala Panchayat Raj Act are the petitioners. They seek bail. 3.
Prosecution case is that on 02.11.2015 at abut 17.40 hours, the accused persons as members of an unlawful assembly, armed with weapons, assaulted a Sub Inspector of Police, who was on election duty, and voluntarily caused hurt to him.
4.
Heard both sides.
5.
Learned counsel for the petitioners submitted that as per order on B.A.No.7346 of 2015 some other accused in the crime have been released on bail on 26.11.2015.
BA No.7385/2015 Considering the nature of allegations, bail is granted to the petitioners with following conditions:
i.
Petitioners shall be released on bail on each one of them 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 Mondays and Thursdays between 10.00 and 11.00 a.m until final report is filed.
iv.
Each petitioner shall deposit `5,000/-(Rupees five thousand only) before the Magistrate having jurisdiction within a period of one week from the date of release.
v.
Petitioners shall not indulge in any offence while on bail. vi.
They 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
BA No.7385/2015 petitioners, the lower court concerned is free to cancel bail without referring the matter to this Court.
A. HARIPRASAD, JUDGE.
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