Vijayan v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.HARIPRASAD FRIDAY, THE 11TH DAY OF DECEMBER 2015/20TH AGRAHAYANA, 1937 Bail Appl..No. 7430 of 2015 ----------------------------------------- CRIME NO. 1337/2015 OF NOORANAD POLICE STATION , ALAPPUZHA -------------------- PETITIONER(S)/ACCUSED NO.1 TO 4 :
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1. VIJAYAN, AGED 55 YEARS, S/O.VELUTHAKUNJU, CHANDIZHETH HOUSE, PATTOOR MURI, NOORANAD VILLAGE, MAVELIKKARA TALUK, ALAPPUZHA.
2. RAJU, AGED 48 YEARS, S/O.VELUTHAKUNJU, CHANDIZHETH HOUSE, PATTOOR MURI, NOORANAD VILLAGE, MAVELIKKARA TALUK, ALAPPUZHA.
3. DISHANTH, AGED 26 YEARS, S/O.DIVAKARAN, 'AISWARYA', PATTOOR MURI, NOORANAD VILLAGE, MAVELIKKARA TALUK, ALAPPUZHA.
4. SURESH, AGED 42 YEARS, S/O.RAGHAVAN, SURESH BHAVANAM, PATTOOR MURI, NOORANAD VILLAGE, MAVELIKKARA TALUK, ALAPPUZHA.
BY ADV. SRI.MANU ROY RESPONDENT(S)/COMPLAINANT/STATE :
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1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2. THE STATION HOUSE OFFICER, NOORANAD POLICE STATION, ALAPPUZHA- 690 504.
BY SR.PUBLIC PROSECUTOR SRI.C.RASHEED THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Msd.
A.HARIPRASAD, J.
-------------------------------------- B.A. No.7430 of 2015 -------------------------------------- Dated this the 11th day of December, 2015
ORDER
Petition under Section 438 of the Code of Criminal Procedure. 2.
Petitioners are the accused in Crime No.1337 of 2015 of Nooranad Police Station registered for offences punishable under Sections 323, 324, 354, 354(A), 341, 294(b) and 506(1) r/w Section 34 I.P.C.
3.
Prosecution case, in short, is that on 12-11-2015 at about 9.00 a.m., the petitioners owing allegiance to a party, attacked the defacto complainant, who is a follower of another party. Defacto complainant is a lady. She was brutally assaulted and the nighty worn by her was torn.
4.
Heard the learned counsel for the petitioners and the learned Public Prosecutor.
5.
After hearing the learned counsel for the petitioners and the learned Public Prosecutor, following directions are made :
1. Petitioners shall surrender before the investigating officer within a period of two weeks from today and submit themselves for
B.A. No.7430 of 2015 2 interrogation. In that event, the petitioners shall be released on bail on executing a bond for Rs.25,000/- each (Rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the Investigating Officer.
2.
The sureties shall produce documents to establish their identity and solvency. The Investigating Officer need not insist on the solvency certificate, but other documents can also be perused to find out whether the sureties are solvent or not.
3. Petitioner shall appear before the Investigating Officer on all Saturdays between 10.00 and 11.00 a.m until final report is filed.
4.
Petitioner shall not influence or intimidate witnesses.
5. If any of the above conditions is violated by the petitioner, the learned Magistrate having jurisdiction is free to cancel the bail.
Sd/- A. HARIPRASAD JUDGE //True copy// P.A to Judge amk