Vignesh v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE BABU MATHEW P.JOSEPH TUESDAY, THE 26TH DAY OF MAY 2015/5TH JYAISHTA, 1937 Bail Appl..No. 7578 of 2014 (B) ------------------------------------ AGAINST THE ORDER IN CRL.MC 1838/2014 of I ADDL. SESSIONS COURT, THRISSUR DATED 05-09-2014 CRIME NO. 1230/2014 OF ANTHIKKAD POLICE STATION , THRISSUR ----------- PETITIONERS/ACCUSED:
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1. VIGNESH, AGED 21 YEARS, S/O.ASOKAN, PULIPARAMBIL HOUSE, VADAKKUMURY P O PERINGOTTUKARA, THRISSUR DIST.
2. VINIL, AGED 20 YEARS, S/O.MANIKANDAN, KOLLUMTHARAVADU HOUSE, VADAKKUMURY P O., PERINGOTTUKARA, THRISSUR DIST.
3. ASWIN K VIJAYAN, AGED 20 YEARS S/O.VIJAYAN, KOLUMTHARAVADU HOUSE, VADAKKUMURY P O PERINGOTTUKARA, THRISSUR DIST.
BY ADV. SRI.DINESH MATHEW J.MURICKEN RESPONDENT/COMPLAINANT -------------------------------- STATE OF KERALA REP BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM.
BY PUBLIC PROSECUTOR SRI.JUSTIN JACOB THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26-05-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BABU MATHEW P. JOSEPH, J.
------------------------------------------------ ------------------------------------------------ Dated this the 26th day of May, 2015
ORDER
This petition is filed under Section 438 of Cr.P.C for anticipatory bail.
2. Heard the learned counsel appearing for the petitioners and the learned Public Prosecutor appearing for the respondent. C.D. produced.
3. The petitioners are accused 1 to 3 in Crime No.1230 of 2014 of Anthikkad Police Station. The offences alleged are under Sections 452 and 427 read with Section 34 of IPC. Learned counsel for the petitioners submits that the petitioners are innocent of the allegations raised against them. The investigation of the case is almost over. Custodial interrogation of the petitioners is not required in this case. The first petitioner is aged only 21 and the other petitioners are aged only 20. He further submits that the petitioners apprehend arrest by the police at any time.
4. The Case Diary shows that the investigation of the case
-2has progressed much. On considering the facts and circumstances, stage of the investigation and the age of the petitioners, this Court is satisfied that the petitioners can be granted anticipatory bail imposing appropriate conditions.
5. Therefore, the petitioners are granted anticipatory bail subject to the following conditions:
1)The petitioners shall surrender before the Investigating Officer on or before 03-06-2015. In the event of their arrest, they shall be released on bail on their executing bonds for 25,000/- (Rupees twentyfive thousand only) ₹ each with two solvent sureties each for the like sum to the satisfaction of the Investigating Officer.
2)The petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him or her from disclosing such facts to the Court or to any Police Officer.
3)The petitioners shall make themselves available for interrogation as and when required by the Investigating Officer.
4)The petitioners shall not influence or intimidate the
-3prosecution witnesses nor shall they attempt to tamper with the evidence for the prosecution.
5)The petitioners shall not commit any similar offence while on bail.
6)The petitioners shall not leave India without the previous permission of the concerned Magistrate's Court. This petition is allowed as above.
Sd/- BABU MATHEW P. JOSEPH JUDGE kns/- //TRUE COPY// P.A. TO JUDGE