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High Court of KeralaBail Appl./7710/2015allowed

Nishadh.C v. State Of Kerala

2015-12-10Honourable Mr. Justice A.Hariprasad4 pages

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. 7710 of 2015 () ------------------------------- CRIME NO. 2034/2015 OF WEST POLICE STATION , THRISSUR DISTRICT ---------------- APPLICANT/ACCUSED:

------------------------------------ NISHADH.C, AGED 26 YEARS, CHEITTETHU HOUSE, KANATTUKARA.P.O, AYYANTHOLE, THRISSUR DISTRICT.

BY SRI.P.VIJAYA BHANU,SENIOR ADVOCATE ADVS. SRI.THOMAS J.ANAKKALLUNKAL SMT.MITHA SUDHINDRAN RESPONDENT/COMPLAINANT:

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

BY PUBLIC PROSECUTOR SMT. R.REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

sts

A. HARIPRASAD, J.

----------------------------- Bail Appl. No.7710 of 2015 -------------------------------------------- Dated this the 10th day of December 2015

O R D E R

Bail application filed under Sec.438 Cr.P.C.

2. Petitioner is the 1st accused in Crime No.2034 of 2015 of Thrissur West Police station registered for the offences punishable under Secs.341, 323, 324 and 326 read with Sec.34 of the Indian Penal Code. Prosecution allegation is that, on 06.10.2015 at about 22 hours, the petitioner along with the 2nd accused went to the tea shop of the defacto complainant and picked up a quarrel. The 2nd accused beat the defacto complainant and the 1st accused (petitioner herein) restrained him.

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

4. As per order on B.A. No.7132 of 2015, the 1st petitioner has been released on bail. Considering the nature of allegations, I am of the view that the same directions can be issued in this matter.

1. The petitioner shall surrender

Bail Appl. No.7710 of 2015 2 before the investigating officer within a period of two weeks from today and submit himself for interrogation. In that event, he shall be released on bail on executing a bond for Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the Investigating Officer.

2.The sureties shall produce documents to establish their identity and solvency. The Investigating Officer need not insist on the solvency certificate, but other documents can also be perused to find out whether the sureties are solvent or not.

3. Petitioner shall appear before the Investigating Officer as and when directed.

4. Petitioner shall not influence or intimidate witnesses.

If any of the above conditions is violated by the

Bail Appl. No.7710 of 2015 3 petitioner, the learned Magistrate having jurisdiction is free to cancel the bail.

Sd/- A. HARIPRASAD JUDGE / True Copy / NS/10/12/2015 P.A. To Judge