Shanavas @ Navas v. The 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. 7647 of 2015 () ------------------------------- CRIME NO. 1345/2015 OF GURUVAYOOR POLICE STATION, TRISSUR DISTRICT ------------ PETITIONERS/ACCUSED NOS 1 & 2 :
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1. SHANAVAS @ NAVAS, AGED 35 YEARS, S/O. MOHAMMADALI, VAISYAM VEETTIL HOUSE, IRINGAPPURAM P.O., GURUVAYOOR, PIN-680 103 THRISSUR DISTRICT.
2. DINIL LAL DINIL, AGED 22 YEARS, S/O.HARIDASAN, AREEKKARA HOUSE, IRINGAPPURAM P.O., GURUVAYOOR VILLAGE, PIN-680103, THRISSUR DISTRICT. BY ADVS.SRI.P.K.SAJEEV SRI.P.P.HARRIS RESPONDENT/COMPLAINANT :
------------------------------------------- THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SMT. T.Y. LALIZA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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A.HARIPRASAD, J.
------------------------------------------------ ------------------------------------------------- Dated this the 11th day of December, 2015
O R D E R
Application filed under Section 439 of the Code of Criminal Procedure.
2.
Petitioners are accused Nos.1 and 2 in Crime No.1345 of 2015 of Guruvayur Police Station registered for the offences punishable under Sections 341, 324, 326, 294(b), 506(ii), 427 and 307 r/w Section 34 of the Indian Penal Code.
3. Prosecution allegation against the petitioners is that on 16.09.2015 at about 07.50 p.m., the accused persons attempted to commit murder of the defacto complainant by attacking with iron pipes and thereby causing grievous injuries.
4.
Heard both sides.
5.
Learned counsel for the petitioners submitted that they are in custody from 12.11.2015 onwards. Investigation has advanced to a considerable extend. The weapon of oppression has to be recovered.
6.
Considering the fact and circumstance of the case and nature of allegations, I am inclined to grant bail to the petitioners with the following conditions: (a) The petitioners shall be released on bail on their executing a bond for `50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the learned magistrate having jurisdiction.
(b) The sureties shall produce documents to establish their identity and solvency. The lower court need not insist on solvency certificate, but other documents can also be perused to find out whether the sureties are solvent or not.
(c) The petitioners shall appear before the Investigating Officer on all Saturdays between 10.00 a.m and 11.00 a.m. until the final report is filed.
(d) The petitioners shall not enter the limits of
Guruvayur Police Station for a period of three months except for the purpose of reporting to the Investigating Officer or attending the court.
(e) The petitioners shall not intimidate or attempt to influence the witnesses.
(f) The petitioners shall not in any manner interfere or meddle with the investigation.
(g) The petitioners shall not, during the period of this bail get involved in any offence.
In case any of the above conditions is violated, bail granted hereby is liable to be cancelled for which the investigating officer may move application before the jurisdictional magistrate.
Sd/- A.HARIPRASAD, JUDGE.
AS /True Copy/ P.A. To Judge