Judgment:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE19H DAY OF MARCH201428TH PHALGUNA, 1935 Bail Appl..No. 1790 of 2014 () ------------------------------- CRIME NO. 255/2014 OF KUMILY POLICE STATION , IDUKKI DISTRICT ------------------------- APPLICANTS/ACCUSED1TO3& 5 : ------------------------------------------------------- 1. SOBIN,S/O.CHACKO,AGED35YEARS, VETTUKALLAMKUZHI VEEDU, VELLARAMKUNNU, KUMILY.
2. JOHN JOSEPH, S/O.JOSEPH,AGED35YEARS, PUNNAMCHIRA VEEDU, VELLARAMKUNNU,KUMILY.
3. MATHU @ MATHEW,S/O.THOMAS, AGED35YEARS, CHERUVUMPURATHU VEEDU, VELLARAMKUNNU, KUMILY.
4. JOMON JOSEPH,S/O.JOSEPH, AGED36YEARS, MRUIYAMKAVIL VEEDU, VELLARAMKUNNU,KUMILY. BY ADV. SRI.THOMAS J.ANAKKALLUNKAL RESPONDENT/COMPLAINANT : ---------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KUMILY POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.C.RASHEED THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON1903-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts N.K. BALAKRISHNAN, J.
------------------------------------------ B.A. No. 1790 of 2014 (C) ------------------------------------------ Dated this the 19th day of March, 2014 ORDER
Petitioners are accused nos. 1 to 3 and 5 in Crime No.255/2014 of Kumily Police Station, Idukki District. Offences alleged are under sections 143, 147, 148, 294(b), 341, 323, 324, 506(i) and 308 r/w 149 of IPC. Apprehending arrest, this petition is filed for anticipatory bail.
2. It is alleged that on 24.02.2014 at about 1.45 pm, the accused persons reached in front of the shop carrying iron rods etc and abused the complainant using filthy language and also attacked him using the iron rods. It was also stated that he was beaten and kicked by the accused persons with intention that the complainant would succumb to the injuries. B.A. No. 1790/2014 (C) -2- 3. The learned counsel for the petitioners submits that had the accused attacked the complainant with iron rods or other weapons, then certainly serious injuries would have been found on the body of the complainant. Except some contusion and abrasion, no serious injuries could be noticed by the doctor. The allegations made in the F.I. Statement are not true, it is contended.
4. 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 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.20,000/- (Rupees Twenty thousand only) each with two solvent B.A. No. 1790/2014 (C) -3- 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 and Fridays between 9.30 AM to 11.30 AM until further orders. 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 B.A. No. 1790/2014 (C) -4- 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 production of electoral photo identity cards/Driving licence etc. Sd/- N.K. BALAKRISHNAN, JUDGE //True Copy// P.A. to Judge jjj