Judgment:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH TUESDAY, THE1T DAY OF APRIL201411TH CHAITHRA, 1936 Bail Appl..No. 2223 of 2014 () ------------------------------- CRIME NO. 104/2014 OF PERUMPETTY POLICE STATION ,PATHANAMTHITTA DISTRICT ------------------------------------- PETITIONER/ACCUSED: ------------------------------------ HARIDAS @ UNNI, AGED45YEARS, S/O. KESAVAN, SANTHA SADANAM, VALIYAKUNNAM MURI, CHANTHOLI, PERUMPETTY VILLAGE. BY ADVS.SRI.T.P.PRADEEP SRI.P.K.SATHEES KUMAR RESPONDENTS/COMPLAINANTS : -------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA.
2. RAJAN,AGED60YEARS, S/O. KESAVAN, MANNIL HOUSE, VALIYAKUNNAM MURI, CHANTHOLI, PERUMPETTY VILLAGE.PIN-680 592 R1 BY PUBLIC PROSECUTOR SMT. LALIZA R2 BY ADV. SRI.UNNI. K.K. (EZHUMATTOOR) THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON0104-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts THOMAS P. JOSEPH. J.
========================= Bail Application No. 2223 of 2014 ============================ Dated this the 1st day of April, 2014 ORDER
Petitioner is accused in Crime No.104 of 2014 of the Perumpetty police station for the offences punishable under Secs. 294(b), 447 and 326 of the Penal Code, apprehends arrest and has filed this application.
2. Learned Public Prosecutor has opposed the application. It is submitted that the petitioner trespassed into the courtyard of the de facto complainant and attacked him with granite stone. The granite stone is recovered. Petitioner is not reported to be involved in any other case.
3. Learned counsel for the petitioner and the de facto complainant submitted that the matter is being settled between the petitioner and the de facto complainant who are brothers. They also referred me to Annexure - A, affidavit of the de facto complainant. It is further submitted that there was quarrel between wives of the de facto B.A. NO.2223 of 2014 2 complainant and the petitioner which snowballed into the alleged incident.
4. Having regard to the nature of allegations, I am inclined to grant relief. Application is allowed as under:
1. Petitioner shall surrender before the officer investigating Crime No.104 of 2014 of the Perumpetty police station on 08.04.2014 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) It is directed that in case the petitioner is arrested by the Perumpetty police in Crime No.104 of 2014 , he shall be released by the arresting officer on his executing bond for Rs.20,000/- (Rupees Twenty thousand only) with two sureties for the like sum each before the arresting officer and subject to the following conditions:- a) Petitioner shall report to the investigating officer as and when required for interrogation. B.A. NO.2223 of 2014 3 b) Petitioner shall not intimidate/influence the witnesses. c) Petitioner shall not, during the period of this bail get involved in any offence. d) In case of violation of the above conditions, it is open to the Investigating Officer to seek cancellation of the bail granted hereby by moving application before the jurisdictional magistrate 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