K.N Raju v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD THURSDAY, THE 10TH DAY OF DECEMBER 2015/19TH AGRAHAYANA, 1937 Bail Appl..No. 7699 of 2015 ------------------------------------- CRIME NO. 2006/2015 OF MUVATTUPUZHA POLICE STATION, ERNAKULAM -------------------- PETITIONER(S)/ACCUSED:

------------------------------------- K.N RAJU, AGED 41 YEARS, S/O.NARAYANAN, KUNNATHOLIL HOUSE, THRIKKALATHOOR P O, MULAVOOR VILLAGE, MUVATTUPUZHA, ERNAKULAM DISTRICT BY ADVS.SRI.K.S.ARUN KUMAR SRI.M.S.DILEEP SMT.RESMI THOMAS RESPONDENT(S)/COMPLAINANT:

------------------------------------------------ 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 10-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ

A.HARIPRASAD, J.

------------------------------------------------ ------------------------------------------------- Dated this the 10th day of December, 2015

O R D E R

Application filed under Section 438 of the Code of Criminal Procedure.

2. Petitioner is the accused in Crime No.2006 of 2015 of Muvattupuzha Police Station registered for the offences punishable under Sections 341, 323, 506(ii) and 308 of the Indian Penal Code.

3.

Prosecution case is that on 26.11.2015 at about 09.30 p.m., the petitioner attacked the defacto complainant with a granite stone causing injury on the eyebrow.

4.

Heard both sides.

5.

Learned counsel for the petitioner submitted that the parties are related to one another and there is no ingredient to attract the offence under Section 308 IPC. 6.

Considering the entire facts and circumstances, I am inclined to grant anticipatory bail to the petitioner with the following conditions:

(a) The petitioner shall surrender before the Investigating Officer within a period of 'two weeks' from today and submit himself for interrogation. Thereafter, he shall be released on bail on executing a bond for `25,000/- (Rupees twenty five thousand only) with two solvent sureties for the like sum to the satisfaction of the Investigating Officer.

(b) The petitioner 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.

(c) The petitioner shall co-operate with the investigation of the case.

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

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

(f) 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.

AS /True Copy/ P.A. To Judge