Velayudhan 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. 7546 of 2015 () ------------------------------- CRIME NO. 887/2015 OF COYALMANNAM POLICE STATION, PALAKKAD DISTRICT. ......
APPLICANTS/ACCUSED NOS.1, 2, 3 & 5:
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1. VELAYUDHAN, S/O.VEEMBAN, AGED 50 YEARS, EKKODE, CHITHALI, KUZHALMANNAM.
2. SHANMUGHAN, S/O.KELU, AGED 45 YEARS, EKKODE, CHITHALI, KUZHALMANNAM.
3. BALAN, AGED 44 YEARS, S/O.KANDAMUTHAN, EKKODE, CHITHALI, KUZHALMANNAM.
4. RAHUL, S/O.RAJAN, AGED 20 YEARS, KOTTAKKAD, CHITHALI, KUZHALMANNAM.
BY SRI.P.VIJAYA BHANU, SENIOR ADVOCATE.
ADVS. SRI.V.C.SARATH, SRI.THOMAS J.ANAKKALLUNKAL.
RESPONDENT/COMPLAINANT:
--------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SMT.R. REMA.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
rs.
A. HARIPRASAD, J.
----------------------------- Bail Appl. No.7546 of 2015 -------------------------------------------- Dated this the 11th day of December 2015
O R D E R
Bail application filed under Sec.438 Cr.P.C.
2. Petitioners are accused nos.1, 2, 3 & 5 in Crime No.887 of 2015 of Coyalmannam Police station registered for the offences punishable under Secs.143, 147, 148, 452, 341, 506, 323 and 324 read with Sec.149 of the Indian Penal Code. Prosecution case is that on 07.11.2015 at about 4.00 p.m., due to previous enmity, the accused persons, as members of an unlawful assembly, trespassed into the house of the defacto complainant and attacked him with bamboo sticks and caused injuries on him.
3. Heard the learned counsel for the petitioners and the learned Public Prosecutor.
4. Learned Public Prosecutor opposed the bail application. It is contended that tension is prevailing in that area as the dispute is pertaining to political issues.
Bail Appl. No.7546 of 2015 2 Having regard to the entire facts and circumstances, pre arrest bail is granted 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 as and when directed by him in writing.
4. The petitioners, except for the purpose of complying with the directions in this order, shall not enter the limits of Coyalmannam Police station for a period of one month.
Bail Appl. No.7546 of 2015 3
5. The petitioners shall not intimidate or attempt to influence the witnesses, nor shall 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/11/12/2015 P.A. To Judge