Krishnan v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.HARIPRASAD MONDAY, THE 30TH DAY OF NOVEMBER 2015/9TH AGRAHAYANA, 1937 Bail Appl..No. 7521 of 2015 () ------------------------------- CRIME NO. 894/2015 OF KUZHALMANNAM POLICE STATION, PALAKKAD DISTRICT ------------------- PETITIONER/ACCUSED NO.1 :
-------------------------------------------- KRISHNAN, S/O. KUTTU, AGED 57 YEARS KODAKKAD VEEDU, VILAYANNUR THENKURUSSI, PALAKKAD DISTRICT.
BY ADV. SRI.NIREESH MATHEW RESPONDENT/COMPLAINANT :
----------------------------------------------- STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM.
BY PUBLIC PROSECUTOR SMT. LALIZA T.Y.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30-11-2015, ALONG WITH BA NO. 7522/2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Mn
A.HARIPRASAD, J.
-------------------------------------- B.A. Nos.7521 & 7522 of 2015 -------------------------------------- Dated this the 30th day of November, 2015 COMMON ORDER Applications for bail under Section 439 of the Code of Criminal Procedure.
2.
Petitioners, who are accused 1 and 2, seek bail in Crime No.894 of 2015 of Kuzhalmannam Police Station registered under Section 306 read with Section 34 of the Indian Penal Code. 3.
Prosecution case, in short, is that during the night intervening 10.11.2015 and 11.11.2015, one person by name Satheesh committed suicide by hanging on account of financial difficulties. Police recovered a note stating that the first accused, who lent money, was pestering him for paying excessive interest. Second accused is the son of the first accused. He also made the life of the deceased miserable. Hence, on account of their torture, Satheesh committed suicide is the prosecution case. 4.
Heard both sides.
5.
Learned counsel for the petitioners submitted that apart from a piece of letter received in the course of investigation, there is no material to connect the accused in the crime. They are in custody from 11.11.2015 onwards.
Considering the nature of allegations and the stage of
BA No.7521 & 7522/2015 investigation, 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.
Petitioners shall appear before the Investigating Officer on all Saturdays between 10.00 and 11.00 a.m until final report is filed. iv.
Petitioners shall not indulge in any offence while on bail. v.
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 petitioners, the lower court concerned is free to cancel bail without referring the matter to this Court.
A. HARIPRASAD, JUDGE.
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