Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH TUESDAY,THE28H DAY OF JANUARY20148TH MAGHA, 1935 Bail Appl..No. 549 of 2014 () ------------------------------ CRIME NO. 686/2013 OF CHOMBALA POLICE STATION, KOZHIKODE DISTRICT --------------- PETITIONERS/ACCUSED : --------------------------------------- 1. PRAVEEN, S/O.PRAKASAN, AGED23YEARS THIRUKOYILOTHMEETHAL HOUSE CHOMBALA P.O., VADAKARA.
2. PRANAV, S/O.PRAKASAN, AGED21YEARS THIRUKOYILOTHMEETHAL HOUSE CHOMBALA P.O., VADAKARA.
3. SHRAVAN, S/O.SYURESH BABU, AGED20YEARS KUNHIPPURAYILTHAZHAKUNI HOUSE CHOMBALA P.O., VADAKARA.
4. VIMESH, S/O.GOPALAN, AGED24YEARS NAMATHKUNIYIL HOUSE, CHOMBALA P.O. VADAKARA. BY ADVS. SRI.KRISHNADAS P. NAIR SRI. M. RAJESH KUMAR RESPONDENT : ----------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT. LALIZA T.Y. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON2801-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn THOMAS P. JOSEPH, J.
========================= Bail Application No. 549 of 2014 ============================ Dated this the 28th day of January, 2014 ORDER
Petitioners are accused 4, 3, 2 and 5 in Crime No.686 of 2013 of the Chembola police station for the offences punishable under Secs.143, 147, 148, 324 and 308 r/w. Sec. 149 of the Penal Code, apprehend arrest and have filed this application.
2. Learned Public Prosecutor has opposed the application. It is submitted that on 01.12.2013 at about 09:00 p.m. the petitioners and others attacked the de facto complainant and his brother with iron rod and wooden reapers. The first accused assaulted the de facto complainant using torch while the petitioners assaulted the brother of the de facto complainant using wooden reapers.
3. Learned counsel submits that the allegations are not true and that at any rate the offence under Sec.308 of the Penal Code is not attracted. B.A No.549 of 2014 2 4. Having regard to the circumstances, I am inclined to issue directions. Application is allowed as under:
1. Petitioners shall surrender before the officer investigating Crime No.686 of 2013 of the Chembola police station on 04.02.2014 at 10:00 a.m. for interrogation. 2) In case interrogation is not completed that day, the said officer can direct the petitioners to appear before him on any other date/dates and time which they shall comply. 3) Petitioner shall co-operate with the investigation of the case. 4) In case the petitioners are arrested, they shall be produced before the jurisdictional magistrate the same day. 5) On such production, the petitioners 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 learned magistrate and subject to the following conditions:- B.A No.549 of 2014 3 a) One of the sureties shall be a close relative of any of the petitioners. b) Petitioners shall report to the investigating officer on every Saturday between 10:00 a.m. and 12:00 p.m. until filing of the final report. c) Petitioners shall report to the investigating officer as and when required for interrogation. d) Petitioners shall not intimidate/influence the witnesses. e) Petitioners shall not, during the period of this bail get involved in any offence. f) In case of violation of any of conditions Nos. (b) to (e), the bail granted hereby is liable to be cancelled by moving application before the learned magistrate by the investigating officer as held in P.K. Shaji V. State of Kerala (AIR2006 Supreme Court 100). Sd/- THOMAS P.JOSEPH, JUDGE //true copy// P.A. to Judge Smv