IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH THURSDAY, THE5H DAY OF DECEMBER201314TH AGRAHAYANA, 1935 Bail Appl..No. 8076 of 2013 () ------------------------------- CRIME NO. 813/2013 OF CHAKKARAKKAD POLICE SATION, KANNUR PETITIONERS/ACCUSED : ------------------- 1. LEENEESH.C, AGED21YEARS S/O.LAKSHMANA, CHADAYAN HOUSE, AYYAPPAN MALA, ECHUR P.O.,MUNDERY AMSOM, EACHUR DESOM.
2. SAJESH.V., AGED23YEARS, S/O.GOVINDAN, MANHAKKUNNUMMAL HOUSE, CHELORA AMSOM MAUVVERY DESOM3 RIJESH.A, AGED24YEARS S/O.NARAYANAN, KUNIMMAL HOUSE, MUNDERY AMSOM, KOTTANISSERY DESOM. BY ADV. SRI.V.BINOY RAM RESPONDENT/COMPLAINANT: ---------------------- THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON0512-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: BP THOMAS P. JOSEPH, J.
========================= Bail Application No.8076 of 2013 ============================ Dated this the 5th day of December, 2013 ORDER
Petitioners are accused Nos. 1 to 3, in Crime No. 813 of 2013 of the Chakkarakkal police station for the offences punishable under Secs.341, 324 and 326 r/w. Sec.34 of the Penal Code and Secs. 3 and 5 of the Explosive Substances Act, are in custody from 07.10.2013 and seek bail.
2. Learned Public Prosecutor has submitted that on 22.09.2013, the petitioners and others attacked the de facto complainant and another who were going in a car with iron rod, wooden reaper and bomb. It is submitted that two persons sustained injuries and one of them sustained serious burn injuries. Some of the weapons are yet to be recovered.
3. Learned counsel submits that the petitioners are in custody from 07.10.2013.
4. Having regard to the fact that the petitioners are in B.A No. 8076 of 2013 2 custody from 07.10.2013 and they are not reported to be involved in any other crimes, I am inclined to allow the request but subject to conditions so that recurrence of such incidents in future is prevented. Resultantly, application is allowed as under:
1. Petitioners/accused 1 to 3 are granted bail in Crime No. 813 of 2013 of the Chakkarakkal police station and shall be released, if not required to be detained otherwise on their 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 jurisdictional magistrate and subject to the following conditions:- a) One of the sureties shall be a close relative of any of the petitioners. b) Petitioners shall surrender their passports before the Investigating officer while executing the bail bond and in case they have none file affidavit to that effect. c) Petitioners shall report to the investigating officer on every Saturday between 10:00 a.m. and 12:00 B.A No. 8076 of 2013 3 p.m. until filing of the final report. d) Petitioners shall report to the investigating officer as and when required for interrogation. e) Except if necessary for compliance of conditions Nos. (c) to (d) for appearance in any court (or before any other lawful authority as per an order in writing), the petitioners shall not enter local limits of the Chakkarakkal police station until otherwise ordered or except with the permission of the learned magistrate. f) Petitioners shall not get involved in any offence during the period of this bail. g) Petitioners shall not intimidate/influence the witnesses. h) It is made clear that in case any of conditions Nos. (c) to (g) is violated, it is open to the Investigating Officer to seek cancellation of the bail granted hereby by moving application before the learned magistrate or the learned Principle Sessions Judge concerned, as held in P.K. Shaji V. State of Kerala (AIR2006Supreme Court 100). i) If the passports are surrendered and it is required B.A No. 8076 of 2013 4 to be released for any reason for any period, the petitioners may move applications, stating reasons before the learned magistrate and in case any such application is preferred, learned magistrate shall consider the applications and pass appropriate orders after hearing both sides. Sd/- THOMAS P.JOSEPH, JUDGE //true copy// P.A. to Judge Smv