Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE N.K.BALAKRISHNAN MONDAY, THE24H DAY OF FEBRUARY20145TH PHALGUNA, 1935 Bail Appl..No. 1280 of 2014 (D) ------------------------------- CRIME NO. 106/2014 OF SASTHAMCOTTA POLICE STATION , KOLLAM ACCUSED(S)/PETITIONERS: -------------------------------------------- 1. PRAKASH, AGED28YEARS S/O.REMASAN ACHARI THUNDIL THEKKETHIL, VENGA MURI, MYNAGAPPALLY VILLAGE KUNNATHOOR THALUK, KOLLAM DISTRICT2 LEELA, AGED48YEARS W/O.RAMESAN ACHARI THUNDIL THEKKETHIL, VENGA MURI, MYNAGAPPALLY VILLAGE KUNNATHOOR THALUK, KOLLAM DISTRICT3 MANIKANDAN, AGED32YEARS S/O.RAJAN PILLAI THUNDIL THEKKETHIL, VENGA MURI, MYNAGAPPALLY VILLAGE KUNNATHOOR THALUK, KOLLAM DISTRICT4 PREETHA, AGED23YEARS D/O.REMASAN ACHARI THUNDIL THEKKETHIL, VENGA MURI, MYNAGAPPALLY VILLAGE KUNNATHOOR THALUK, KOLLAM DISTRICT BY ADV. SRI.P.V.DILEEP COMPLAINANT(S)/RESPONDENT: ---------------------------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON2402-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: JJJ N.K. BALAKRISHNAN, J.
------------------------------------------ B.A. No. 1280 of 2014 (D) ------------------------------------------ Dated this the 24th day of February, 2014 ORDER
Petitioners are accused in Crime No.106/2014 of Sasthamcotta Police Station, Kollam District. Offences alleged are under sections 452, 323, 324, 354 and 427 r/w 34 of IPC. Apprehending arrest, this petition is filed for anticipatory bail.
2. It is alleged that the accused persons trespassed into the courtyard of the house of the complainant and attacked the complainant with weapons. Further allegation is that the 1st petitioner damaged the window glass causing a loss of Rs.2,000/-.
3. Considering all the aspects the following directions are issued: The petitioners shall surrender before the Investigating Officer within ten days from today. After interrogation the B.A. No. 1280/2014 -2- accused shall be produced before the learned Magistrate. When applied for bail by the accused, the learned Magistrate will, considering the nature of the case, grant bail to the petitioners but on the following conditions: a. The petitioners shall execute a bond for Rs.10,000/- (Rupees Ten thousand only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. If in case the Magistrate has any doubt about the genuineness or correctness of the tax receipts produced by the sureties, the learned Magistrate can insist for production of the attested photo copies of the original title deeds of the sureties. b. The petitioners shall make themselves available for interrogation by the Investigating Officer and shall appear before the Investigating Officer on all Mondays between 9.30 AM to 11.30 AM until further orders. B.A. No. 1280/2014 -3- c. The petitioners shall surrender their original passports before the learned jurisdictional Magistrate. If they are not having any valid passport, they should file an affidavit regarding the same before the Magistrate. d. The petitioners will also file an affidavit that they will abide by all the conditions as mentioned above and that they will not commit any offence similar to the offence involved in this case and will not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. e. The petitioners shall not leave India without the prior permission of the learned Magistrate. f. The learned Magistrate will also ensure the identity of the sureties by insisting B.A. No. 1280/2014 -4- production of electoral photo identity cards/Driving licence etc. g. The petitioners shall deposit a further amount of Rs.1,000/- (Rupees One thousand only) each before the trial court. Sd/- N.K. BALAKRISHNAN, JUDGE //True Copy// P.A. to Judge jjj