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High Court of KeralaBail Appl./7665/2015allowed

Vijesh v. State Of Kerala

2015-12-08Honourable Mr. Justice A.Hariprasad4 pages

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. 7665 of 2015 () ------------------------------- CRIME NO. 1590/2015 OF NEDUMANGAD POLICE STATION, THIRUVANANTHAPURAM ----------------- PETITIONER/2ND ACCUSED :

------------------------------------------- VIJESH S/O. MADHAVAN @ ANDI, AGED 25 YEARS, EROL HOUSE, AYAROTT KODOM AMSOM, KODOTH, ODAYANCHAL KANHANGAD, KASARGOD - 671 531.

BY ADVS.SRI.PHILIP T. VARGHESE SRI.THOMAS T. VARGHESE SMT.ACHU SUBHA ABRAHAM SMT.SUNANDA SUKUMARAN SMT.K.R.MONISHA SRI.DENNY VARGHESE SMT.CHITHRA CHANDRASEKHARAN RESPONDENT/COMPLAINANT :

---------------------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM REPRESENTING THE STATION HOUSE OFFICER NEDUMANGAD POLICE STATION THIRUVANANTHAPURAM - 683 544.

BY PUBLIC PROSECUTOR SRI.C.RASHEED THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn

A. HARIPRASAD, J.

----------------------------- Bail Appl. No.7665 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. Petitioner is the 2nd accused in Crime No.1590 of 2015 of Nedumangad Police station registered for the offence punishable under Sec.420 read with Sec.34 of the Indian Penal Code. The petitioner is formally arrested in this case on 11.11.2015. He was continuing in custody in another case earlier.

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

4. Learned counsel for the petitioner submitted that this Court as per order on B.A. No.6148 of 2015 granted bail to the petitioner in connection with another crime.

The allegations in all the cases are same. Hence, bail is granted to the petitioner with the following conditions.

(a) The petitioner shall be released on bail

Bail Appl. No.7665 of 2015 2 on his executing a bond for Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties 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 petitioner shall appear before the investigating officer on alternate Fridays between 05.00 p.m and 06.00 p.m. until final report is filed.

(d) The petitioner shall not leave the State of Kerala without getting permission from the learned Magistrate having jurisdiction.

(e) The petitioner shall surrender his passport forthwith before the learned Magistrate. If he does not have passport,

Bail Appl. No.7665 of 2015 3 he shall file an affidavit to that effect.

(f) The petitioner shall not intimidate or attempt to influence the witnesses.

(g) The petitioner shall not in any manner interfere or meddle with the investigation.

(h) The petitioner 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 / True Copy / NS/08/12/2015 P.A. To Judge