Ajil v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.HARIPRASAD THURSDAY, THE 17TH DAY OF DECEMBER 2015/26TH AGRAHAYANA, 1937 Bail Appl..No. 8023 of 2015 () ------------------------------- CRIME NO. 1904/2015 OF KONNI POLICE STATION, PATHANAMTITTA DISTRICT -------------- PETITIONER/ACCUSED NO. 1 :
------------------------------------------ AJIL, AGED 20 YEARS, S/O. AJITH, KALLUVILAYIL VEEDU, VELLAPPARA, PRAMADOM VILLAGE, KONNI TALUK, PATHANAMTHITTA BY ADV. SRI.M.T.SURESHKUMAR RESPONDENT/COMPLAINANT :
------------------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031 BY PUBLIC PROSECUTOR SMT. T.Y. LALIZA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17-12-2015, ALONG WITH BA. 7994/2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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A. HARIPRASAD, J.
----------------------------- Bail Appl. Nos.7994 & 8023 of 2015 -------------------------------------------- Dated this the 17th day of December 2015
O R D E R
Bail applications filed under Sec.439 Cr.P.C.
2. Petitioners are accused nos.1 and 2 in Crime No.1904 of 2015 of Konni Police station registered for the offences punishable under Secs.341, 294(b), 323, 324, 308 and 427 read with Sec.34 of the Indian Penal Code. Prosecution case is that, the accused persons, with the common intention to commit culpable homicide of the defacto complainant, attacked him on 02.12.2015 at about 11.45 p.m. They were riding a motorcycle and they stopped the motorcycle in front of the car of the defacto complainant and abused the defacto complainant. Thereafter, they caught hold of the defacto complainant and attacked him with stone causing injuries on his face. The petitioners are in custody from 03.12.2015.
3. Heard the learned counsel for the petitioners and the learned Public Prosecutor.
Considering the age of the petitioners and the
Bail Appl. Nos.7994 & 8023 of 2015 2 period of detention of the petitioners, bail is granted to them with the following conditions.
i. The petitioners shall be released on bail on their executing a bond for Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate having jurisdiction.
One of the parents of each of the petitioners shall be an additional surety.
ii. The sureties shall be the persons permanently residing in the State of Kerala and shall produce documents to establish their identity and solvency.
iii. The lower Court need not insist on solvency certificate. Other documents revealing the solvency of the sureties can also be relied on.
iv. The petitioners shall appear before the Investigating Officer for
Bail Appl. Nos.7994 & 8023 of 2015 3 interrogation on all Saturdays between 10.00 a.m. and 11.00 a.m. until final report is filed.
v. The petitioners shall not intimidate or attempt to influence the witnesses, nor shall they tamper with the evidence.
vi. The petitioners shall not involve in any other offence during the period of bail.
In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with law without referring the matter to this Court.
Sd/- A. HARIPRASAD JUDGE / True Copy / NS/17/12/2015 P.A. To Judge