Jayaraj P.D. v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.HARIPRASAD WEDNESDAY, THE 2ND DAY OF DECEMBER 2015/11TH AGRAHAYANA, 1937 Bail Appl..No. 7482 of 2015 ------------------------------- CRIME NO. 2120/2015 OF THRIKODITHANAM POLICE STATION, KOTTAYAM DISTRICT. ........
PETITIONER(S)/ACCUSED 1 TO 3:
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1. JAYARAJ P.D., AGED 30 YEARS, S/O.DEVARAJAN.N, PLAKULANGARA, PALLICKARACHIRA P.O., PAIPPAD, KOTTAYAM.
2. PRAJITH V.R., AGED 32 YEARS, S/O.RAJAPPAN, VALLAMANNIL, MUNDIAPPALLY P.O., KAVIYOOR, THIRUVALLA.
3. MAHESH MOHANAN, AGED 27 YEARS, S/O.MOHANAN, MANTHARAYIL HOUSE, CHATHANKARY P.O., THIRUVALLA.
BY ADVS.SRI.N.P.PRAJEESH SRI.BIJO THOMAS GEORGE RESPONDENT/COMPLAINANT:
-------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.
BY PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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A. HARIPRASAD, J.
----------------------------- Bail Appl. No.7482 of 2015 -------------------------------------------- Dated this the 2nd day of December 2015
O R D E R
Bail application filed under Sec.438 Cr.P.C.
2. Petitioners are accused nos.1 to 3 in Crime No.2120 of 2015 of Thrikodithanam Police station registered for the offences punishable under Secs.452, 294(b), 323, 324 and 341 read with Sec.34 of the Indian Penal Code. Prosecution case is that, on 27.10.2015 at about 1.45 p.m., the accused persons, due to previous enmity, armed with canes, trespassed into the house of the defacto complainant and abused him. The 1st accused slapped the defacto complainant on his cheek. Thereafter, the other accused persons attacked the defacto complainant and another person with canes causing injuries.
3. Heard the learned counsel for the petitioners and the learned Public Prosecutor.
4. I have perused the case diary. Considering the nature of allegations and the materials in the case
Bail Appl. No.7482 of 2015 2 diary, I am inclined to grant pre arrest bail to the petitioners with the following conditions.
1. The petitioners shall surrender before the investigating officer within a period of two weeks and submit themselves for interrogation.
2. In the event of arrest, the petitioners shall be released on their executing a bond for Rs.25,000/- (Rupees twenty five thousand only) each with two solvent sureties each for the like sum to the satisfaction of the investigating officer.
3. The petitioners shall appear before the Investigating Officer for interrogation on all Saturdays between 9.00 a.m. and 10.00 a.m.
and on further days as and when directed by the investigating officer in writing until final report is filed.
4. The petitioners shall not intimidate or attempt to influence the witnesses, nor shall
Bail Appl. No.7482 of 2015 3 they tamper with the evidence.
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/02/12/2015 P.A. To Judge