Dennis T.B v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD MONDAY, THE 14TH DAY OF DECEMBER 2015/23RD AGRAHAYANA, 1937 Bail Appl..No. 7574 of 2015 () ------------------------------- CRIME NO. 500/2015 OF MEENANGADI POLICE STATION, WAYANAD DISTRICT ----------------------- APPLICANT/ACCUSED :

--------------------------------------- DENNIS T.B., S/O.BABY,AGED 39 YEARS, THANDEKATT HOUSE, MYLAMPADY P.O., MEENNANGADI, KRISHNAGIRI VILLAGE.

BY ADVS.SRI.TONY THOMAS (INCHIPARAMBIL) SRI.P.THOMAS GEEVERGHESE RESPONDENT/COMPLAINANT :

-------------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE S.I OF POLICE, MEENANANGADI POLICE STATION, WAYANAD DISTRICT.

BY PUBLIC PROSECUTOR SMT. R.REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

sts

A. HARIPRASAD, J.

----------------------------- Bail Appl. No.7574 of 2015 -------------------------------------------- Dated this the 14th day of December 2015

O R D E R

Bail application filed under Sec.439 Cr.P.C.

2. Petitioner is the accused in Crime No.500 of 2015 of Meenangadi Police station registered for the offences punishable under Secs.341 and 307 of the Indian Penal Code. Prosecution allegation is that, on 05.11.2015 at about 12.00 p.m., the petitioner waylaid the defacto complainant and attempted to kill him by hitting with a motorcycle. He attacked the defacto complainant with a wooden stick and thereby attempted to commit his murder.

3. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

4. Learned Public Prosecutor opposed the bail application. It is submitted that the petitioner is involved in two other crimes of serious nature.

5. Learned counsel for the petitioner submitted that the petitioner is in custody from 06.11.2015 and bail

Bail Appl. No.7574 of 2015 2 may be granted to him.

Considering the nature of allegations and the fact that investigation has advanced to a considerable extent, bail is granted to the petitioner with the following strict conditions.

i. The petitioner shall be released on bail on his executing a bond for Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate having jurisdiction.

ii. The sureties shall be the persons permanently residing in the State of Kerala and shall produce documents to establish their identity and solvency.

iii. The lower Court need not insist on solvency certificate. Other documents revealing the solvency of the sureties can also be relied on.

iv. The petitioner shall appear before

Bail Appl. No.7574 of 2015 3 the Investigating Officer for interrogation on all Mondays and Thursdays between 10.00 a.m. and 11.00 a.m. until final report is filed.

v. The petitioner shall surrender his passport before the lower court concerned or if he does not have the same, file an affidavit to that effect.

vi. The petitioner shall not leave the limits of Wayanad District without obtaining permission from the learned Magistrate having jurisdiction.

vii. The petitioner shall not intimidate or attempt to influence the witnesses, nor shall he tamper with the evidence.

viii. The petitioner shall not involve in any other offence during the period of bail.

In case of violation of any of the above

Bail Appl. No.7574 of 2015 4 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/14/12/2015 P.A. To Judge