Jerin Jacob v. State

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD FRIDAY, THE 4TH DAY OF DECEMBER 2015/13TH AGRAHAYANA, 1937 Bail Appl..No. 7520 of 2015 () ------------------------------- CRIME NO. 2050/2015 OF KILIKOLLUR POLICE STATION, KOLLAM DISTRICT ------------------- PETITIONER/2ND ACCUSED:

-------------------------------------------- JERIN JACOB, S/O.JACOB,AGED 25 YEARS, JERIN BHAVAN, MANGAD VILLAGE, MANGAD P.O., KOLLAM.

BY ADV. SRI.B.MOHANLAL RESPONDENT/COMPLAINANT:

----------------------------------------------- STATE REPRESENTED BY THE STATION HOUSE OFFICER, KILIKOLLUR POLICE STATION, KOLLAM DISTRICT THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

BY PUBLIC PROSECUTOR SMT. R.REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

sts

A.HARIPRASAD, J.

------------------------------------------------ ------------------------------------------------- Dated this the 4th day of December, 2015

O R D E R

Application filed under Section 438 of the Code of Criminal Procedure.

2.

Petitioner is the second accused in Crime No.2050 of 2015 of Kilikollur Police Station registered for the offences punishable under Sections 341, 294(b), 323, 324, 427 and 308 r/w Section 34 of the Indian Penal Code. 3.

It is alleged that the first accused with an intention to cause hurt to the defacto complainant, wrongfully restrained him on 14.11.2015 at night and demanded liquor. When the defacto complainant refused to give liquor, he attacked the defacto complainant with a sword. This petitioner did not use any weapon but he fisted the defacto complainant.

4.

Heard both sides.

5.

Learned Public Prosecutor opposed the bail application. From the materials in the case diary, it could be seen that the first accused alone used sword, causing injury to the defacto complainant.

6.

Considering the nature of the allegations, I am inclined to grant anticipatory bail to the petitioner with the following conditions:

(a) The petitioner shall surrender before the Investigating Officer within a period of 'two weeks' from today and submit himself for interrogation. Thereafter, he shall be released on bail on executing a bond for `25,000/- (Rupees twenty five thousand only) with two solvent sureties for the like sum to the satisfaction of the Investigating Officer.

(b) The petitioner shall appear before the Investigating Officer on all Saturdays between 10.00 a.m and 11.00 a.m. until the final report is filed.

(c) The petitioner shall co-operate with the investigation of the case.

(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