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High Court of KeralaBail Appl./7488/2014allowed

Anil Kumar v. State Of Kerala

2015-06-17Honourable Mr. Justice K.Abraham Mathew4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW WEDNESDAY, THE 17TH DAY OF JUNE 2015/27TH JYAISHTA, 1937 Bail Appl..No. 7488 of 2014 () ------------------------------- CRIME NO. 1446/2014 OF NJARAKKAL POLICE STATION, ERNAKULAM DISTRICT ------------------ PETITIONERS/ACCUSED :

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1. ANIL KUMAR, AGED 32, S/O. RAVI @ RAVEENDRAN, PANAKAPARAMBIL HOUSE WEST ATH HOTEL, NARAYAMBALAM, NARAYARAMBALAM VILLAGE.

2. RAVI @ RAVEENDRAN, AGED 65, S/O. KRISHNAN, PANAKAPARAMBIL HOUSE, WEST ATH HOTEL NAYARAMBALAM, NAYARAMBALAM VILLAGE.

BY ADVS.SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN RESPONDENT/STATE :

---------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.

BY PUBLIC PROSECUTOR SRI. SREEJITH V.S.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn

K. ABRAHAM MATHEW, J.

---------------------- Bail Appl. No.7488 of 2014 -------------------------------------------- Dated this the 17th day of June 2015

O R D E R

Petition filed under Sec.438 Cr.P.C.

2. Petitioners are accused in Crime No.1446 of 2014 of Njarakkal Police station. They are alleged to have committed the offences under Secs.324, 326, 341, 427 and 452 read with Sec.34 of Indian Penal Code. The prosecution case is that, they assaulted the victim with iron pipes and cricket bats causing serious injuries to him.

3. Heard both sides.

4. Learned counsel submits that the Police have registered Crime No.1445 of 2014 against the first informant and others for assaulting the petitioners in this case and it was they who were the aggressors and the Sessions Judge has already granted them anticipatory bail.

5. Learned Public Prosecutor submits that when the Sessions Judge granted anticipatory bail it was

Bail Appl. No.7488 of 2014 2 not known that the victim in that case namely the 2nd petitioner herein had sustained a fracture.

6. Final report has already been filed in the counter case. Investigation is completed in this case also. So I am inclined to grant the prayer of the petitioners. In the result, the bail application is allowed. 1) The petitioners shall be released on bail after interrogation on their executing a bond for Rs.25,000/- (Rupees Twenty five thousand only) each with two solvent sureties each for the like sum if they are arrested by the Police in connection with this case.

2) They shall appear shall appear before the investigating officer between 10.30 a.m. and 11.30 a.m. on every Friday for three months, or till the final report is filed, whichever is earlier.

3) They shall not destroy or tamper with evidence.

Bail Appl. No.7488 of 2014 3

4) They shall not get themselves involved in any other criminal case.

If the petitioners violate any of the above conditions, the court of enquiry/trial is empowered to cancel the bail in accordance with the law.

Sd/- K. ABRAHAM MATHEW JUDGE / True Copy / NS P.A. To Judge