Aseer.A.P v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD FRIDAY, THE 11TH DAY OF DECEMBER 2015/20TH AGRAHAYANA, 1937 Bail Appl..No. 7797 of 2015 -------------------------------------- CRIME NO. 1290/2015 OF PAYYANNUR POLICE STATION, KANNUR .........

PETITIONER(S):

----------------------- ASEER A.P., AGED 28 YEARS, S/O NABEESA A.P., A.P. HOUSE, KANIYERI, VELLUR P.O., PAYYANUR, KANNUR DISTRICT, PIN:670 307.

BY ADVS.SRI.RILGIN V.GEORGE SRI.ANEESH JOSEPH SRI.NIRMAL V NAIR RESPONDENT(S):

------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682 031. BY PUBLIC PROSECUTOR SMT.T.Y.LALIZA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: msv/

A.HARIPRASAD, J.

-------------------------------------- B.A. No.7797 of 2015 -------------------------------------- Dated this the 11th day of December, 2015

ORDER

Application for bail under Section 439 of the Code of Criminal Procedure.

2.

Payyannur Police Station Crime No.1290 of 2015 is registered against the petitioner for offences punishable under Sections 308, 323, 324 and 341 read with Section 34 of the Indian Penal Code. He seeks bail. 3.

On 17.09.2015 at about 5.00 p.m., petitioner (first accused) along with others picked up a quarrel with the defacto complainant on account of collision of two motor bikes. Petitioner attacked the defacto complainant by using a knife and caused injuries is the prosecution case. 4.

Heard both sides.

5.

Learned counsel for the petitioner submitted that the petitioner surrendered before the investigating officer on 24.11.2015. He is in custody thereafter.

Considering the stage of investigation, bail is granted to the petitioner with following conditions:

i.

Petitioner shall be released on bail on executing a bond for `50,000/- (Rupees fifty thousand only) with two solvent sureties each for

BA No.7797/2015 the like sum to the satisfaction of the learned Magistrate having jurisdiction. ii.

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

iii.

Petitioner shall appear before the Investigating Officer on all Saturdays between 10.00 and 11.00 a.m until final report is filed. iv.

Petitioner shall not indulge in any offence while on bail. v.

He 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 lower court concerned is free to cancel bail without referring the matter to this Court.

A. HARIPRASAD, JUDGE.

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