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High Court of KeralaBail Appl./7702/2015allowed

Renjith P.P. v. State Of Kerala

2015-12-094 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR WEDNESDAY, THE 9TH DAY OF DECEMBER 2015/18TH AGRAHAYANA, 1937 Bail Appl..No. 7702 of 2015 () ------------------------------- CRIME NO. 1297/2015 OF MATTANNUR POLICE STATION, KANNUR DISTRICT ------------------- PETITIONERS/ACCUSED NOS. 1 & 3 :

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1. RENJITH P.P. , S/O.KRISHNAN, AGED 30 YEARS PUTHIYAPURAYIL HOUSE, PANALAD IRIKKUR, KANNUR DISTRICT.

2. BABU EDAKKANAMBETH, S/O.BALAN, AGED 28 YEARS EDAKKANAMBETH, PANALAD IRIKKUR, KANNUR DISTRICT.

BY ADVS.SRI.M.SASINDRAN SRI.A.ARUNKUMAR RESPONDENTS/COMPLAINANT & STATE :

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1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM - 682031.

2. THE STATION HOUSE OFFICER (CRIME NO. 1297 OF 2015 OF MATTANNUR POLICE STATION) KANNUR DISTRICT-670 001.

R1 & R2 BY PUBLIC PROSECUTOR SMT. R. REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn

B.SUDHEENDRA KUMAR, J.

------------------------------------------------ ------------------------------------------------- Dated this the 9th day of December, 2015

O R D E R

This is an application filed under Section 439 of the Code of Criminal Procedure.

2.

The petitioners are accused Nos.1 and 3 in Crime No.1297 of 2015 of Mattannur Police Station registered under Sections 341, 323, 324, 308 and 392 r/w Section 34 of the Indian Penal Code. Prosecution allegation is that on 02.11.2015 at about 11.30 a.m., the petitioners along with other accused attacked the defacto complainant while he was coming in a motor cycle and thereafter, they snatched away the mobile phone of the defacto complainant. The petitioners were arrested on 25.11.2015 and ever since, they have been in custody. 3.

Heard.

4.

It has been submitted by the learned Public Prosecutor that second accused had already been granted bail by this Court after his arrest and judicial detention. It has been further submitted by the learned Public

Prosecutor that the defacto complainant and the petitioners were having previous acquaintance and the motive for the alleged incident was political rivalry. 5.

Considering the facts and circumstances of the case, I am of the view that further detention of the petitioners is not necessary for the progress of investigation of the case. In the said circumstances, I am inclined to grant bail to the petitioners.

In the result, this application stands allowed and the petitioners shall be enlarged on bail on each of the petitioners executing a bond for `30,000/- (Rupees thirty thousand only) with two solvent sureties, each for the like sum to the satisfaction of the jurisdictional magistrate and subject to the following further conditions: (a) The petitioners shall report before the Investigating Officer on every Monday between 09.00 a.m and 11.00 a.m. for a period of three months and thereafter as and when required by the Investigating Officer in writing to do so.

(b) The petitioners shall not intimidate or influence the witnesses or in any way tamper with the investigation.

(c) The petitioners shall not get involved in any offence while on bail.

Sd/- B.SUDHEENDRA KUMAR, JUDGE.

AS /True Copy/ P.A. to Judge