Judgment:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE N.K.BALAKRISHNAN MONDAY, THE10H DAY OF MARCH201419TH PHALGUNA, 1935 Bail Appl..No. 1490 of 2014 () ------------------------------- CRMC3252014 of SESSIONS COURT, THRISSUR CRIME NO.392/2014 OF KUNNAMKULAM POLICE STATION, TRISSUR ------------------- APPLICANTS/ACCUSED :- ---------------------- 1. SASI @ RAVEENDRAN, AGED46YEARS S/O.KUNJUNNY, VALIYALUKKAL, KARIKKAD.P.O. PATHAKKARA DESOM, KUNNAMKULAM, THRISSUR.
2. KAMARUDHEEN, AGED29YEARS S/O.ABDUL RAHMAN, VELLIYATTIL HOUSE, KORATTIKKARA.P.O. KORATTIKKARA DESOM, KUNNAMKULAM, THRISSUR.
3. MANI @ SASIKUMAR, AGED42YEARS S/O.NARAYANANKUTTY NAIR, CHALIL MULLATH HOUSE KADAVALLOOR.P.O., KUTHULLIKUNNU, KUNNAMKULAM THRISSUR.
4. UNNIKUTTAN @ RAMACHANDRAN, AGED40YEARS S/O.KUNJUNNY, VALIYALUKKAL, KARIKKAD.P.O. PATHAKKARA DESOM, KUNNAMKULAM, THRISSUR. BY ADVS.SRI.P.VIJAYA BHANU (SR.) SRI.THOMAS J.ANAKKALLUNKAL SRI.M.REVIKRISHNAN RESPONDENT/COMPLAINANT :- --------------------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. ADDL.2.BABY, S/O.PAZHANI, NALUKANNI PARAMBIL HOUSE, THIRUTHIPPARA, KOOTANADU, PALAKKAD. ADDL.3.ROOPESH V.B., S/O.BALAN, VATTEKOTTAYIL HOUSE, PATHAKARA DESOM, KADAVALLOOR, THRISSUR. ADDL.4.RISH V.B., D/O.BALAN, VATTEKOTTAYIL HOUSE, PATHAKARA DESOM, KADAVALLOOR, THRISSUR. ADDL.R2 TO R4 ARE IMPLEADED AS PER ORDER
IN CRL.M.A.No. 2225/2014 DATED103.2014. ADDL.R2-R4 BY ADV. SRI.K.M.GIRISH KUMAR R1 BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON1003-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: N.K.BALAKRISHNAN, J.
-------------------------------- B.A. No.1490 of 2014 ------------------------------- Dated this the 10th day of March 2014 ORDER
Petitioners are the accused in Crime No.392/2014 of Kunnamkulam Police Station. The offences alleged against them are punishable under Secs.341, 323, 326 and 354 r/w 34 of IPC. Apprehending arrest, this petition is filed for anticipatory bail.
2. It is alleged that on 8.2.2014 at about 7.30 PM, on the road in front of KR Bar, these accused persons attacked the de facto complainant. Out of them, second accused - Kamarudheen hit with an iron block on the face of the complainant causing loss of one tooth. It was stated that when the sister of the owner of the vehicle tried to intervene, she was caught hold of by the accused and thus, they outraged her modesty.
3. Learned counsel for the petitioners submits that the act of the complainant and others in keeping the vehicle B.A. No.1490 of 2014 -:
2. :- in front of the house of the petitioners was questioned since the complainant and others caused disturbance to the petitioners and others. There might have been altercation, but the contention that the accused hit the complainant causing loss of tooth is totally unbelievable, the learned counsel submits.
4. I have gone through the case diary. Considering all the aspects, the following directions are issued :- Petitioners 1, 3 and 4 shall surrender before the Investigating Officer within one week from today. After interrogation petitioners 1, 3 and 4 shall be produced before the learned Magistrate. When applied for bail by them, the learned Magistrate will grant bail to petitioners 1, 3 and 4 but on the following conditions: a. Petitioners 1, 3 and 4 shall execute a bond for 25,000/- (Rupees Twenty Five 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 B.A. No.1490 of 2014 -:
3. :- 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. Petitioners 1, 3 and 4 shall make themselves available for interrogation by the Investigating Officer and should appear before the Investigating Officer on all Mondays and Fridays between 9.30 AM to 11.30 AM until further orders. c. Petitioners 1, 3 and 4 shall produce 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. Petitioners 1, 3 and 4 will also file 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. Petitioners 1, 3 and 4 shall not leave the State of B.A. No.1490 of 2014 -:
4. :- Kerala without permission of the court. f. The learned Magistrate will also ensure the identity of the sureties by insisting production of electoral photo identity cards/Driving licence etc. Since there is specific allegation against 2nd petitioner (A2) that it was he, who hit the complainant and caused grievous hurt, his request for anticipatory bail is rejected. Sd/- N.K.BALAKRISHNAN, JUDGE. //True Copy// P.A. To Judge Jvt