Arun Kumar @ Chikku v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.HARIPRASAD TUESDAY, THE 8TH DAY OF DECEMBER 2015/17TH AGRAHAYANA, 1937 Bail Appl..No. 7655 of 2015 ---------------------------------------- CRIME NO. 1479/2015 OF KADAKAVUR POLICE STATION , THIRUVANANTHAPURAM ------------------ PETITIONER(S)/1 & 2 ACCUSED :
--------------------------------------------------
1. ARUN KUMAR @ CHIKKU, AGED 23 YEARS, S/O. SUDHARMMAN, G.K.BHAVAN, NEAR THEVARA NADA, KADAKKAVUR VILLAGE, THIRUVANANTHAPURAM.
2. MANIKANDAN, AGED 25 YEARS, S/O.SREEKRISHNAN, PUHENMANNU LEKSHAM VEEDU, NEAR POST OFFICE, ANCHUTHENGU DESOM, KADAKKAVUR VILLAGE, THIRUVANANTHAPURAM.
BY ADV. SRI.M.R.SARIN RESPONDENT(S) :
-----------------------------
1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-628 231.
2. THE SUB INSPECTOR OF POLICE, KADAKAVUR POLICE STATION, TRIVANDRUM-695 001. BY PUBLIC PROSECUTOR SMT.T.Y.LALIZA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Msd.
A. HARIPRASAD, J.
----------------------------- Bail Appl. No.7655 of 2015 -------------------------------------------- Dated this the 8th day of December 2015
O R D E R
Bail application filed under Sec.439 Cr.P.C.
2. Petitioners are accused nos.1 and 2 in Crime No.1479 of 2015 of Kadakavoor Police station registered for the offences punishable under Secs.294(b), 323 and 308 read with Sec.34 of the Indian Penal Code and Sec.27 of the Arms Act. Prosecution case is that, on 06.11.2015 at about 5.30 p.m., the accused persons inflicted cut injuries on the defacto complainant by using chopper and other weapons. The allegation is that the petitioners used dangerous weapons.
3. Heard the learned counsel for the petitioners and the learned Public Prosecutor.
4. Learned counsel for the petitioner submitted that as per order on B.A. No.7514 of 2014, the 3rd accused was released on bail by this Court. The petitioners also stand in parity with the 3rd accused is the contention.
Bail Appl. No.7655 of 2015 2 Considering the nature of allegations, bail is granted to the petitioners with the following conditions. i. The petitioners shall be released on bail on their executing a bond for Rs.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.
ii. The sureties shall produce documents to establish their identity and solvency. The lower Court need not insist of the Solvency Certificate, but, other documents can also be perused to find out whether the sureties are solvent or not.
iii. The petitioner shall appear before the Investigating Officer all Mondays and Thursdays between 10.00 a.m. and 11.00 a.m. until final report is filed.
iv. The petitioner shall not indulge in any offence while on bail.
Bail Appl. No.7655 of 2015 3 v. He shall not influence or intimidate the witnesses or meddle with the investigation in any manner.
If any of the above conditions is breached by the petitioner, the lower Court concerned is free to cancel bail without referring the matter to this Court. Sd/- A. HARIPRASAD JUDGE / True Copy / NS/08/12/2015 P.A. To Judge