Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH MONDAY, THE4H DAY OF NOVEMBER201313TH KARTHIKA, 1935 Bail Appl..No. 7325 of 2013 () ----------------------------------------- CRIME NO. 1247/2013 OF EZHUKONE POLICE STATION , KOLLAM DISTRICT. ...... PETITIONER(S)/ACCUSED3AND4 ---------------------------------------------------- 1. SUMESH KUMAR @ AANJU, AGED27YEARS S/O.SASIDHARAN PILLAI, SUMESH BHAVAN, PLAKKODU KAREEPRA, KOTARAKKARA, KOLLAM.
2. AJITH, AGED21YEARS S/O.JANARDHANAN PILLAI, AKHIL BHAVAN, KAREEPRA KOTTARAKKARA, KOLLAM. BY ADV. SRI.B.MOHANLAL RESPONDENT(S)/COMPLAINANT & STATE: ---------------------------------------------------------------- THE STATION HOUSE OFFICER, EZHUKONE POLICE STATION, KOLLAM DISTRICT THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SMT.LALIZA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON0411-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss THOMAS P. JOSEPH, J.
-------------------------------- Bail Appl. No. 7325 of 2013 -------------------------------------------- Dated this the 4th day of November 2013 ORDER
Petitioners are accused nos.3 and 4, in Crime No.1247 of 2013 of the Ezhukone Police station for the offences punishable under Secs.324 and 307 read with Sec.34 of the Indian Penal Code, are in custody from 06.10.2013 and seek bail.
2. Learned Public Prosecutor has submitted that the petitioners used deadly weapons against the defacto complainant and that the weapon used by the 1st accused is yet to be recovered.
3. Learned counsel submitted that the petitioners are in custody from 06.10.2013 onwards.
4. Having regard to the relevant circumstances, I am inclined to grant bail but subject to conditions and from a future date since investigation of the case is not completed. Resultantly, this application is allowed as under.
1. Petitioners/ accused nos.3 and 4, are granted bail in Crime No.1247 of 2013 of the Ezhukone Bail Appl. No. 7325 of 2013 2 Police station and shall be released (if not required to be detained otherwise) on his executing bond for Rs.25,000/- (Rupees twenty five thousand only) each with two sureties each for the like sum each to the satisfaction of the learned magistrate and subject to the following conditions. a) The bail bond shall be executed within three weeks from this day. b) One of the sureties shall be a close relative of any of the petitioners. c) Petitioners shall report to the officer investigating Crime No.1247 of 2013 of the Ezhukone Police station on every Saturday between 10.00 a.m. and 12.00 p.m. for a period of two months or until filing of the final report, whichever is earlier. d) Petitioners shall report to the investigating officer as and when required for interrogation. e) Petitioner shall not until otherwise Bail Appl. No. 7325 of 2013 3 required by any authority in writing or otherwise ordered and except with the permission of the learned magistrate (until committal if any and thereafter, of the Principal Sessions Judge, Kollam) go beyond Kottarakkara taluk . f) Petitioners shall not get involved in any offence during the period of this bail. g) In case any of the above condition is violated, it is open to the investigating officer to file application before the learned magistrate until committal of the case and thereafter, before the learned Principal Sessions Judge, Kollam for cancellation of the bail granted hereby, as held in P.K. Shaji V. State of Kerala (AIR 2006 SC100. h) This order granting bail will take effect from 08.11.2013 since the investigation is not completed. Sd/- THOMAS P. JOSEPH JUDGE NS Bail Appl. No. 7325 of 2013 4