Judgment:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE2D DAY OF APRIL201412TH CHAITHRA, 1936 Bail Appl..No. 2182 of 2014 (C) ------------------------------- CRIME NO. 232/2014 OF PULIKEEZHU POLICE STATION , PATHANAMTITTA ACCUSED(S)/ACCUSED: ------------------------------------ SUNIL K.S, AGED29YEARS S/O SUNNY, KUNDAMKUTHIYIL HOUSE NEDUMPURAM.P.O AND VILLAGE, THIRUVALLA TALUK PATHANAMTHITTA DISTRICT. BY ADVS.SRI.JESWIN P.VARGHESE SRI.BIJO THOMAS GEORGE COMPLAINANT(S)/COMPLAINANT: ------------------------------------------------------ THE STATE OF KERALA, REPRESENTED BY THE S.I.OF POLICE PULIKEEZH POLICE STATION PATHANAMTHITTA DISTRICT.BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON0204-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: JJJ N.K. BALAKRISHNAN, J.
------------------------------------------ B.A. No. 2182 of 2014 (C) ------------------------------------------ Dated this the 2nd day of April, 2014 ORDER
The petitioner is the accused in Crime No.232/2014 of Pulikeezh Police Station, Pathanamthitta District. Offences alleged are under sections 294(b), 324, 326 and 308 of IPC. Apprehending arrest, this petition is filed for anticipatory bail.
2. It is alleged that on 5.3.2014 at 11.45 pm, when the complainant and others were engaged in discussion as to the preparation of food, the petitioner came there and as directed, the complainant went along with the petitioner and then the petitioner beat the complainant with iron rod. He sustained fracture to his left hand.
3. The learned counsel for the petitioner submits that the complainant had molested the wife of the petitioner and pertaining to the same there was altercation and while the B.A. No. 2182/2014 (C) -2- complainant was running away from the scene, he fell into a well and sustained injuries. That allegation is not true, the learned Public Prosecutor submits.
4. However, it is seen that there was altercation stating that the complainant had misbehaved towards the wife of the petitioner.
5. Considering all the aspects the following directions are issued: The petitioner 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 petitioner but on the following conditions: a. The petitioner shall execute a bond for Rs.25,000/- (Rupees Twenty Five thousand only) with two solvent sureties each for the like sum to the B.A. No. 2182/2014 (C) -3- 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 petitioner shall make himself 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. c. The petitioner shall surrender his original passport before the learned jurisdictional Magistrate. If he is not having any valid passport, he should file an affidavit regarding the same before the Magistrate. d. The petitioner will also file an affidavit that he will abide by all the conditions as mentioned above and that he will not B.A. No. 2182/2014 (C) -4- 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 petitioner 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