Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.BHAVADASAN THURSDAY, THE 20TH DAY OF DECEMBER 2012 29TH AGRAHAYANA 193 Bail Appl..No. 6370 of 2012 (A) ------------------------------------------ (CRIME NO.728 OF 201.OF HOSDURG POLICE STATION, KASARAGOD DISTRICT) PETITIONERS/ACCUSED: ----------------------------------- 1. SASEENDRAN, AGED 4 YEARS, S/O.CHOYI AMBU, MADIKAI, MADIKAI VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT.
2. P.SUKUMARAN, AGED 3 YEARS, S/O.KELU, MADIKAI, MADIKAI VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT.
3. PRADEEP, AGED 2 YEARS, S/O. KELU, MADIKAI, MADIKAI VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT.
4. P.NARAYANAN, AGED 4 YEARS, S/O.KOTTAN, MADIKAI, MADIKAI VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. BY ADVS.SRI.T.K.VIPINDAS SMT.P.K.PRIYA SRI.K.V.SREEVINAYAKAN RESPONDENT/COMPLAINANT: ------------------------------------------- 1. STATE OF KERALA RESPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REPRESENTING, S.H.O HOSDURG POLICE STATION, KASARAGOD DISRICT. * ADDL. R2 IS IMPLEADED ADD.R2. B.K.YUSUF HAJI, AGED 6 YEARS, S/O SULAIMAN, RESIDING AT VATTATHODU, ARAYI P.O., KANHANGAD SOUTH, HOSDURG TALUK, KASARAGOD DISTRICT. PIN ”
322. MJL Bail Appl..No. 6370 of 2012 (A) * ADDL.R2 IS IMPLEADED VIDE ORDER DATED 23 11/12 IN CRL.M.A.7599/2012 IN B.A.6370/12 ADDL R2 BY ADV. SRI.A.L.GEORGE BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20-12-12, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: MJL P. BHAVADASAN, J.
- - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 6370 of 2012 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of December, 2012. ORDER The defacto complainant has been impleaded and he is represented by a counsel. An affidavit has been filed by the defacto complainant stating that he had named the assailants out of suspicion and he has come to know that the petitioners are not the real assailants. The statement of the defacto complainant is recorded and this application is allowed as follows: i) Petitioners shall surrender before the Investigating Officer on or before 28.12.2012, who after interrogation shall produce them before the JFCM court concerned, which court, on applications for bail being moved by the petitioners, shall release them on bail on each of them executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two solvent B.A.6370/2012. 2 sureties each for the like sum each to the satisfaction of the said court. ii) The learned Magistrate may ensure the identity of the sureties and the veracity of the tax receipts produced by the sureties for the purpose of executing the bond. iii) Petitioners shall report before the Investigating Officer as and when required by him. iv) Petitioners shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses. v) If any condition is violated, bail granted to the petitioners shall stand cancelled, and the JFCM concerned may take such steps as are available to him in law. P. BHAVADASAN, JUDGE sb.