Santhosh A. v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR MONDAY, THE 21ST DAY OF DECEMBER 2015/30TH AGRAHAYANA, 1937 Bail Appl..No. 8193 of 2015 () ------------------------------- Bail Appl. 7614/2015 of HIGH COURT OF KERALA CRIME NO. 2010/2015 OF KUTHUPARAMBA POLICE STATION , KANNUR PETITIONER/ACCUSED NO.4:

------------------------------------------- SANTHOSH A., AGED 34 YEARS S/O. BALAN, VADAKKEPARAMBATH HOUSE, KINATTINTAVIDA MANGATTIDOM P.O., KOOTHUPARAMBA.

BY ADVS.SRI.P.P.RAMACHANDRAN SRI.P.RAHUL RESPONDENT/RESPONDENT:

--------------------------------------- STATE OF KERALA STATION HOUSE, (KOOTHUPARAMBA POLICE STATION) REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM-682 031.

BY PUBLIC PROSECUTOR, SHRI.V.S.SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

B.SUDHEENDRA KUMAR, J.

- - - - - - - - - - - - - - -- - - -- - - - - - - - - - -- - - - - - - - - Bail Application No.8193 of 2015 - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of December 2015

O R D E R

The petitioner is the 4th accused in Crime No.2010 of 2015 of Kuthuparamba Police Station. The offences alleged are the offences under Sections 143, 147, 148, 341, 333 and 307 read with Section 149 of I.P.C. and Section 3 (i) of P.D.P.P. Act.

2. The prosecution allegation is that on 3.11.2015 at about 9.15 p.m., the petitioner and the other accused formed themselves into an unlawful assembly in furtherance of their common object and wrongfully restrained the police party and caused hurt to the Sub

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Inspector of Police and attempted to kill him. They also caused mischief by pelting stones at the Police jeep. The petitioner surrendered before the Court on 13.11.2015 and ever since he has been in custody.

3. Heard.

4. It appears from the Case Diary that the major portion of the investigation regarding the petitioner is almost complete. It appears that no overt act is specifically alleged against the petitioner. Considering the facts and circumstances of the case, including the period of detention of the petitioner and also taking into consideration of the stage of the investigation, I am inclined to grant bail to the petitioner.

In the result, this application stands allowed and the

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petitioner shall be released on bail on condition of the petitioner executing a bond for Rs.40,000/- (Rupees forty thousand only) with two solvent sureties, each for the like sum to the satisfaction of the court of the Jurisdictional Magistrate and subject to the following conditions: (i) The petitioner shall not enter into the Sessions Division, Thalassery without the leave of the learned Magistrate, except for the purpose of reporting before the Investigating Officer as directed in this order, for three months.

(ii)The petitioner shall report before the Investigating Officer on every Monday between 9 a.m., and 11 a.m., for six months and thereafter as and when required by the Investigating Officer in

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writing to do so.

(iii) The petitioner shall not get involved in any other offence while on bail.

Sd/- B.SUDHEENDRA KUMAR, JUDGE dl/21.12.2015 // True Copy // PA to Judge