Judgment:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH MONDAY, THE31T DAY OF MARCH201410TH CHAITHRA, 1936 Bail Appl..No. 2191 of 2014 ------------------------------- CRIME NO. 95/2014 OF PALODE POLICE STATION , THIRUVANANTHAPURAM ........ PETITIONER(S)/6TH ACCUSED: --------------------------------------------- *(ANEESH NATH) AGED20YEARS, S/O. SURENDRANATH, ANEESH COTTAGE, KANNAYAM, THEVIYODE, KOTTAKKAKAM MURI, VIDURA VILLAGE, THIRUVANANTHAPURAM DISTRICT. *THE NAME OF THE PETITIONER IS CORRECTED AS "AKHILESH NATH" INSTEAD OF "ANEESH NATH" AS PER ORDER
DTD. 31/03/2014 IN CRL.M.P.NO.2906/2014. BY ADV.SRI.LATHEESH SEBASTIAN RESPONDENT(S)/STATE AND COMPLAINANT: -------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.
2. CIRCLE INSPECTOR OF POLICE, PALODE POLICE STATION, THIRUVANANTHAPURAM DISTRICT - 695 001. R1 & R2 BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON3103-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss THOMAS P. JOSEPH. J.
========================= Bail Application No.2191 of 2014 ============================ Dated this the 31st day of March, 2014 ORDER
Petitioner is the 6th accused in Crime No.95 of 2014 of the Palode police station for the offences punishable under Secs. 364A and 395 of the Penal Code and Sec.27 of the Arms Act, apprehends arrest and has filed this application.
2. Learned Public Prosecutor has opposed the application. It is submitted that on 31.01.2014 at about 10:00 p.m. brother of the de facto complainant was brought to the scene of occurrence by some of the accused speaking in the voice of a female. Later he was taken in a car to the house of the first accused where he was assaulted and ransom was demanded for his relief.
3. Learned counsel has submitted that the allegation against the petitioner is that he and another person followed the first accused and others who were taking the brother of the de facto complainant in a car (in other B.A. NO.2191 of 2014 2 vehicles). It is pointed out that to the second accused who is similarly placed, this court granted relief as per Order dated 11.03.2014 in B.A. No. 1328 of 2014.
4. Having regard to the role attributed to the petitioner and considering that the second accused who is similarly placed is granted relief, I am inclined to grant that relief to the petitioner also. Application is allowed as under:- 1) Petitioner shall surrender before the officer investigating Crime No.95 of 2014 of the Palode police station on 07.04.2014 at 10:00 a.m. for interrogation. 2) In case interrogation is not completed that day, the said officer can direct the petitioner to appear before him on any other date/dates and time which he shall comply. 3) Petitioner shall co-operate with the investigation of the case. 4) In case the petitioner is arrested, he shall be produced before the jurisdictional magistrate the same day. B.A. NO.2191 of 2014 3 5) On such production the petitioner shall be released, if not required to be detained otherwise on his executing bond for Rs.25,000/- (Rupees Twenty five thousand only) with two sureties for the like sum each to the satisfaction of the learned magistrate and subject to the following conditions:- a) One of the sureties shall be a close relative of the petitioner. b) Petitioner shall report to the investigating officer on every alternate Saturday between 10:00 a.m. and 12:00 p.m. until filing of the final report or for two months, whichever is earlier. c) Petitioner shall report to the investigating officer as and when required for interrogation. c) Petitioner shall not intimidate/influence the witnesses. e) Petitioner 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), it is open to the Investigating Officer to seek B.A. NO.2191 of 2014 4 cancellation of the bail granted hereby by moving application before the learned magistrate (until committal if any and thereafter before the learned Principal Sessions Judge concerned) as held in P.K. Shaji V. State of Kerala (AIR2006Supreme Court 100). Sd/- THOMAS P.JOSEPH, JUDGE //true copy// P.A. to Judge Smv