Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH MONDAY, THE28H DAYOF OCTOBER20136TH KARTHIKA, 1935 Bail Appl..No. 6978 of 2013 () ------------------------------- CRIME NO. 568/2013 OF VELLATHOOVAL POLICE STATION, IDUKKI DISTRICT. ........ PETITIONER/2ND ACCUSED: ------------------------------------------ BIJU, S/O. THANKAPPAN, AGED34YEARS, KATTIPLACKAL VEEDU, PALLIKKUNNU, SELLIYAMPARA. P.O., IDUKKI DISTRICT. BY ADV. SRI.S.JIJI. RESPONDENT/STATE: --------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.SREEJITH. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON2810-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. THOMAS P. JOSEPH, J --------------------------------------- B.A.No.6978 of 2013 ---------------------------------------- Dated this the 28th day of October, 2013 ORDER
Petitioner is the second accused, in Crime No.568 of 2013 of the Vellathooval Police Station for the offences punishable under Sections 498A, 342, 323, 324 and 308 r/w Section 34 of the Indian Penal Code, apprehends arrest and has filed this application.
2. Learned Public Prosecutor has submitted that as per the prosecution, on 09-09-2013 at about 07.45 p.m. the petitioner and others came to the house of the defacto complainant and on the pretext of taking her to the 3rd accused (son of the first accused and the defacto complainant) to the hospital, took her in a car driven by the petitioner and on the way, tried to strangulate her with a shawl and smother her with plastic. It is also said that the first accused handed over a knife to the petitioner which is to be recovered.
3. Learned counsel has submitted that the petitioner was only driving the car hired by the first accused to go to the hospital and has nothing to do with the alleged incident.
4. Having regard to the circumstances of the case, I am inclined to issuing the following directions. B.A.No.6978 of 2013 2 1) Petitioner shall report to the officer investigating Crime No.568 of 2013 of the Vellathooval Police Station on 04- 11-2013 at 10 a.m for interrogation. 2) If interrogation of the petitioner is not completed that day, he shall appear before the officer investigating the case on the day/days and time directed by him which the petitioner shall comply. 3) Petitioner shall co-operate with the investigation of the case. 4) In case arrest of the petitioner is recorded, he shall be produced before the jurisdictional magistrate the same day. 5) On such production the petitioner shall be released on bail in Crime No.568 of 2013 of the Vellathooval Police Station (if not required to be detained otherwise) on his executing bond for Rs.25,000/- (Rupees twenty thousand only) with two sureties for the like sum each to the satisfaction of the learned magistrate and subject to the following conditions: a) The petitioner shall report to the officer investigating the case on every alternate Saturday between 10 a.m and 12 p.m for two months or until filing of the final B.A.No.6978 of 2013 3 report, whichever is earlier. b) Petitioner shall report to the officer investigating the case as and when required for interrogation. c) Petitioner shall not, during the period of this bail get involved in any offence. d) Petitioner shall not intimidate/influence the witnesses. e) In case any of the above conditions is violated, bail granted hereby is liable to be cancelled for which the investigating officer may move application before the jurisdictional magistrate (until committal of the case if any, and thereafter, before the learned Principle Sessions Judge concerned) as held in P.K.Shaji Vs. State of Kerala (AIR 2006 SC100. THOMAS P. JOSEPH, JUDGE AS