Madhu K v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.HARIPRASAD MONDAY, THE 14TH DAY OF DECEMBER 2015/23RD AGRAHAYANA, 1937 Bail Appl..No. 7476 of 2015 () ------------------------------- *CRIME NO. 965/2015 OF PAYYANNUR POLICE STATION , KANNUR DISTRICT (CORRECTED AS) *PAYYANNUR POLICE STATION, CORRECTED AS PERINGOME POLICE STATION AS PER THE ORDER DATED 1/12/2015 IN CRL.M.A.NO.11198/2015 --------------- PETITIONERS/ACCUSED:
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1. MADHU K., AGED 40 YEARS,S/O KUNHIRAMAN, KOKKADAN VEEDU, ERAMAM AMSOM, THATTIYERI, KANNUR DISTRICT.
2. P.M.RANJITH, AGED 31 YEARS,S/O RAGHAVAN, PANKKADA MEETHALE VEEDU, PUTHIYANKOTTU, ERAMAM AMSOM, MATHAMANGALAM, KANNUR DISTRICT.
3. SHIJU E.V., AGED 33 YEARS, S/O CHIRUKANDAN, EDATHILVALAPPIL HOUSE, PANAPUZHA AMSOM, PANAPUZHA, KANNUR DISTRICT.
BY ADVS.SRI.M.SASINDRAN SRI.A.ARUNKUMAR RESPONDENTS/COMPLAINANT AND 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.965 OF 2015 OF PAYYANNUR POLICE STATION), (CORRECTED AS) *CRIME NO.965 OF 2015 OF PERINGOME POLICE STATION), KANNUR DISTRICT-670 001.
BY PUBLIC PROSECUTOR SMT. R.REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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A. HARIPRASAD, J.
----------------------------- Bail Appl. No.7476 of 2015 -------------------------------------------- Dated this the 14th day of December 2015
O R D E R
Bail applications filed under Sec.439 Cr.P.C.
2. Petitioners are accused nos.1 to 3 in Crime No.965 of 2015 of Peringome Police station registered for the offences punishable under Secs.447 and 506(ii) read with Sec.34 of the Indian Penal Code and Secs.3 and 5 of the Explosive Substances Act. Prosecution case is that on 07.11.2015 at about 13.00 hours, the petitioners threatened to kill the defacto complainant, hurled country bomb and thereby committed the offences. 1st petitioner is in custody from 07.11.2015 and other petitioners are in custody from 12.11.2015.
3. Heard the learned counsel for the petitioners and the learned Public Prosecutor.
4. Considering the nature of allegations and the stage of investigation, bail is granted to the petitioners with the following conditions.
i. The petitioners shall be released on bail on their executing a bond for
Bail Appl. No.7476 of 2015 2 Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate having jurisdiction.
ii. The sureties shall be the persons permanently residing in the State of Kerala and shall produce documents to establish their identity and solvency.
iii. The lower Court need not insist on solvency certificate. Other documents revealing the solvency of the sureties can also be relied on.
iv. The petitioners shall appear before the Investigating Officer for interrogation on all Mondays and Thursdays between 10.00 a.m. and 11.00 a.m. until final report is filed.
v. The petitioners, except for the purpose of complying with the directions in this order, shall not enter the limits of
Bail Appl. No.7476 of 2015 3 Peringome Police station for a period of three months.
vi. The petitioners shall not intimidate or attempt to influence the witnesses, nor shall they tamper with the evidence.
vii. The petitioners shall not involve in any other offence during the period of bail.
In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with law without referring the matter to this Court.
Sd/- A. HARIPRASAD JUDGE / True Copy / NS/14/12/2015 P.A. To Judge