Nameesh v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA MONDAY, THE 19TH DAY OF JANUARY 2015/29TH POUSHA, 1936 Bail Appl.No. 7542 of 2014 ------------------------------------ CRIME NO. 1004/2014 OF OTTAPALAM POLICE STATION, PALAKKAD .......

PETITIONER(S)/ACCUSED:

-------------------------------------- NAMEESH, AGED 28 YEARS, S/O.MUHAMMEDALI, KARUPPAN VEEDU, 19TH MILE OTTAPPALAM TALUK, PALAKKAD DISTRICT.

BY ADVS.SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN RESPONDENT(S)/STATE/COMPLAINANT:

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1. STATE OF KERALA, REPRESNTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.

(CRIME NO. 1004/2014 OF OTTAPALAM POLICE STATION, PALAKKAD DISTRICT).

2. THE STATION HOUSE OFFICER, OTTAPPALAM POLICE STATION, PALAKKAD DISTRICT - 679 101.

(CRIME NO. 1004/2014 OF OTTAPPALAM POLICE STATION, PALAKKAD DISTRICT).

* ADDITIONAL R3 IMPLEADED

3. JAYARAM, S/O.K.P.NAIR, PRATHIBHA NIVAS, R.S.ROAD, OTTAPALAM, PALAKKAD DISTRICT.

* ADDITIONAL R3 IMPEADED AS PER ORDER DATED 19.1.2015 IN CRL.MA.NO.9795/2014 IN BA.NO.7542/2014.

* ADDITIONAL R4 & R5 IMPLEADED

4. PRAMOD, AGED 35, S/O.LILLY K. PAUL, NOWFAL BUILDING, R.S.ROAD, OTTAPPALAM, PALAKKAD.

msv/ -2-

-2Bail Appl.No. 7542 of 2014 -------------------------------------

5. RAMANKUTTY NAIR, AGED 77 YEARS, S/O.KESAVA PANICKER, H. NO.25/364, NOWFAL BUILDING, R.S.ROAD, OATTAPPALAM, PALAKKAD.

* ADDITIONAL R4 & R5 IMPEADED AS PER ORDER DATED 19.1.2015 IN CRL.MA.NO.9963/2014 IN BA.NO.7542/2014.

R1 & R2 BY PUBLIC PROSECUTOR SRI.SREEJITH V.S. R3 BY ADVS. SRI.BABU S. NAIR SRI.K.RAKESH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19-01-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: msv/

B.KEMAL PASHA, J.

==================== B.A. No. 7542 of 2014 ===================== Dated this the 19th day of January, 2015

O R D E R

Petition filed under Section 438 Cr.P.C.

2.

According to the petitioner, he is apprehending arrest in connection with Crime No.1004 of 2014 of the Ottappalam Police Station, registered for the offences punishable under Sections 427 and 457 IPC.

3.

Matter has been referred for a mediation. Parties had attended mediation and the mediation was successful. A settlement has been arrived at. The mediation settlement agreement has been produced before this Court. The mediation settlement agreement is approved and accepted and the same has to be acted upon. Considering the facts and circumstances of the case and the fact that the matter

B.A. No.7542 of 2014 has been amicably settled between the parties through mediation, I am of the view that this is a fit case wherein anticipatory bail can be granted to the petitioner. In the result, this bail application is allowed and the investigating officer or such other police officer, who is conducting the arrest of the petitioner, is directed to enlarge the petitioner on bail in the event of his arrest on his executing a bond for Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties for the like sum each to the satisfaction of the officer conducting arrest, and subject to the following terms and conditions:- (i) The petitioner shall not tamper with the evidence or influence witnesses.

(ii) The petitioner shall make himself available for interrogation as and when required by the investigating officer.

(iii) The petitioner shall not involve in any offence while on bail.

B.A. No.7542 of 2014 It is made clear that the violation of any of the conditions stipulated above will result in the cancellation of bail. Sd/- B.KEMAL PASHA JUDGE DSV/19/1/15 // True Copy // P.A. To Judge