Mukesh v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.HARIPRASAD FRIDAY, THE 18TH DAY OF DECEMBER 2015/27TH AGRAHAYANA, 1937 Bail Appl..No. 7908 of 2015 ----------------------------------------- CRIME NO. 1379/2015 OF NOORANAD POLICE STATION ------------------- PETITIONER(S)/4TH ACCUSED :
------------------------------------------------ MUKESH, AGED 26 YEARS, S/O.MURALI, MUKESH BHAVANAM, MUTHUKATTUKARA MURI, PALAMEL VILLAGE.
BY ADV. SRI.C.M.NAZAR RESPONDENT(S)/COMPLAINANT/STATE :
---------------------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE STATION HOUSE OFFICER, NOORANAD POLICE STATION, ALAPPUZHA DISTRICT.
BY PUBLIC PROSECUTOR SRI.ABHIJET LESSLI THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18-12-2015, ALONG WITH B.A.NO.7967 OF 2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Msd.
A.HARIPRASAD, J.
-------------------------------------- B.A. Nos. 7908 & 7967 of 2015 -------------------------------------- Dated this the 18th day of December, 2015 COMMON ORDER Applications for bail under Section 439 of the Code of Criminal Procedure.
2.
Petitioners are accused 4 and 2 respectively in Crime No.1379 of 2015 of Nooranadu Police Station registered for offences punishable under Sections 143, 147, 148, 149, 323, 324 and 308 of the Indian Penal Code. They seek bail.
3.
Prosecution case is that about ten persons as members of an unlawful assembly, armed with sword and other weapons, attacked the defacto complainant on 20.11.2015 at 10.30 p.m. 4.
Heard both sides.
5.
Learned Prosecutor opposed the bail application. Petitioners are in custody from 22.11.2015. The investigation has advanced to a considerable extent. Hence bail is granted to the petitioners with following conditions:
i.
Petitioners shall be released on bail on each one of them executing a bond for `50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned
BA NoS.7908 & 7967/2015 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.
Petitioners shall appear before the Investigating Officer on all Mondays and Thursdays between 10.00 and 11.00 a.m until final report is filed.
iv.
They shall not indulge in any offence while on bail. v.
They 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 petitioners, the lower court concerned is free to cancel bail without referring the matter to this Court.
A. HARIPRASAD, JUDGE.
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