P.V. Rivaj 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. 7738 of 2015 ------------------------------- CRIME NO. 138/2015 OF PARIYARAM MEDICAL COLLEGE POLICE STATION, KANNUR DISTRICT.

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PETITIONER/ACCUSED:

---------------------------------- P.V. RIVAJ, S/O. KHALID, AGED 29 YEARS, PUTHIYAPURAYIL HOUSE, NABEESA MANZIL, KORAN PEEDIKA, PARIYARAM POST, KANNUR DISTRICT, PIN - 670502.

BY ADV. SRI.P.K.RAVISANKAR RESPONDENT:

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

BY SENIOR PUBLIC PROSECUTOR SRI.C.RASHEED THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

mbr/

A.HARIPRASAD, J.

------------------------------------------------ B.A No.7738 of 2015 ------------------------------------------------ Dated this the 10th day of December, 2015.

O R D E R

Application for bail under Section 439 Cr.P.C. 2.

Petitioner is the accused in Crime No.138/2015 of Pariyaram Medical College Police Station registered for an offence punishable under Section 15(4) of the Kerala Anti-Social Activities (Prevention) Act, 2007 (in short 'the Act'). 3.

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

4.

Prosecution case, in short, is that on 02-12-2015 at about 16.45 hours, the petitioner in violation of the order issued by the Inspector General of Police, Kannur Range under Section 15(1) of the Act, entered into the territory of Kannur District and as member of an unlawful assembly, he took part in the offence.

B.A No.7738 of 2015 2 5.

Learned Public Prosecutor opposed the bail application. The petitioner was arrested in another crime on 06-10-2015 and he remains in custody. He was formally arrested to this case on 06-10-2015. 60 days have been completed. Final report has not been filed. Hence, bail is granted to the petitioner with following strict conditions :

1. The petitioner shall be released on bail on executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate having jurisdiction.

2. The sureties shall produce documents to establish their identity and solvency. The learned Magistrate 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. The petitioner shall appear before the Investigating Officer on all Saturdays between 10.00 and 11.00 a.m until final report is filed.

B.A No.7738 of 2015 3

4. The petitioner shall not indulge in any offence while on bail.

5. The petitioner 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 learned Magistrate is free to cancel bail without referring the matter to this Court.

Sd/- A.HARIPRASAD, JUDGE.

amk //True copy// P.A to Judge