Kottaswamy v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.BHAVADASAN FRIDAY, THE 20TH DAY OF DECEMBER 2013/29TH AGRAHAYANA, 1935 Bail Appl..No. 8724 of 2013 ------------------------------- CRIME NO. 1026/2013 OF PEERUMEDE POLICE STATION , IDUKKI DISTRICT ...

PETITIONERS/ACCUSED 5 & 6:

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1. KOTTASWAMI, AGED 43 YEARS, S/O.PALANISWAMI, K.K.LAYAM, VAGAMON KARA, VAGAMON VILLAGE, IDUKKI DISTRICT.

2. K.PANDI, AGED 42 YEARS, S/O.KARUPPASWAMI, KANNAMKULAM, VAGAMON KARA, VAGAMON VILLAGE, IDUKKI DISTRICT.

BY ADVS.SRI.T.A.UNNIKRISHNAN SRI.K.S.PRAVEEN RESPONDENT/COMPLAINANT:

----------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING SUB INSPECTOR OF POLICE, PEERMADE POLICE STATION.

BY PUBLIC PROSECUTOR SMT. P.MAYA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20-12-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Kss

P.BHAVADASAN, J.

- - - - - - - - - - - - - - - - - - - - - - - - B.A. Nos. 8724 of 2013 - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of December, 2013

O R D E R

This Court had occasion to consider the facts of the case while dealing with B.A.No. 8419/2013 by which anticipatory bail was granted to the accused. Petitioners herein are similarly situated.

2.

In the light of the fact that this Court had occasion to consider the facts of the case and was inclined to grant anticipatory bail, it is only proper that the petition be allowed.

The petition is allowed as follows:

1) Petitioners shall surrender before the Investigating Officer on or before 27.12.2013, who, after interrogation, shall produce them before the JFCM court concerned, which court, on an application for bail being moved by the petitioners shall release them on bail on each of them executing a bond for

B.A. No.8724/2013 -2a sum of ` 25,000/- (Rupees Twenty Five thousand only) with two solvent sureties for the like sum each to the satisfaction of the said court.

2) The court concerned shall ensure the identity of the sureties and the veracity of the tax receipts, before granting bail.

3) Petitioners shall appear before the Investigating Officer on every Wednesday between 9.00 am and 10.00 am until further orders.

4) Petitioners shall not tamper or attempt to tamper with the evidence and influence or try to influence the witnesses.

5) If any of the conditions is violated, bail granted to the petitioners shall stand cancelled and the court concerned may take such steps as are available to it in accordance with law.

P.BHAVADASAN JUDGE sp

B.A. No.8724/2013 -3- P.BHAVADASAN JUDGE ds