Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE28H DAY OF MAY20147TH JYAISHTA, 1936 Bail Appl..No. 3237 of 2014 () ------------------------------- CRIME NO. 657/2014 OF KOTHAMANGALAM POLICE STATION,ERNAKULAM DISTRICT ----------------------------- APPLICANT/ACCUSED NO.6: ----------------------------------------------- SARUN, AGED24YEARS,S/O.SIVAN, CHERUVALLIPPADY (THONDUMALY) HOUSE, VETTIMOLAM BHAGOM, PANIYELY KARA, KOMBANADU VILLAGE. (PRESENTLY IN JUDICIAL CUSTODY). BY ADVS.SRI.JACOB P.ALEX SRI.JOSEPH P.ALEX RESPONDENT/COMPLAINANT: ------------------------------------------------ STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM-31. BY PUBLIC PROSECUTOR SRI.C.RASHEED THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON2805-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts THOMAS P. JOSEPH, J --------------------------------------- B.A.No.3237 of 2014 ---------------------------------------- Dated this the 28th day of May, 2014 ORDER
Petitioner is the 6th accused in Crime No.657 of 2014 of the Kothamangalam Police Station for the offences punishable under Sections 143, 144, 147, 148, 323, 324, 294 (b), 302, 212 r/w Section 149 of the Indian Penal Code, is in custody from 17.03.2014 and seeks bail.
2. Learned Public Prosecutor has opposed the application. It is submitted that on 16.03.2014 at the relevant time the petitioner and others who came in a motor cycle attacked the de facto complainant and others. Two of them succumbed to the injuries.
3. Learned counsel submits that the allegations are not true. At any rate, it is the first accused who is said to have stabbed the de facto complainant and others.
4. Having heard both sides and considering the role attributed to the petitioner, I am inclined to think that further custody of the petitioner is not required for investigation. Hence I am inclined to grant relief to the petitioner but subject to stringent conditions to prevent recurrence of such incidents in future. B.A.No.3237 of 2014 2 Application is allowed as under: (i) Petitioner is granted bail in Crime No.657 of 2014 of the Kothamangalam Police Station and shall be released on bail, (if not required to be detained otherwise) on his executing bond for Rs.30,000/- (Rupees thirty thousand only) with three sureties for the like sum each to the satisfaction of the jurisdictional magistrate and subject to the following conditions: (a) Whether or not he/she has landed property, one of the sureties shall be the mother/father/brother/close relative of the petitioner. (b) Petitioner shall surrender his passport before the learned magistrate while executing the bail bond and in case he has none, file affidavit to that effect. (c) Petitioner shall report to the officer investigating the case on every Saturday between 10.00 a.m and 12.00 p.m for a period of two months or until filing of the final report whichever is earlier. (d) Petitioner shall report to the officer investigating the case as and when required for interrogation. (e) Petitioner shall not get involved in any offence during the period of this bail. B.A.No.3237 of 2014 3 (f) Petitioner shall not intimidate or influence the witnesses. (ii) It is made clear that in case any of condition Nos. (b) to (e) is violated, it is open to the Investigating Officer to seek cancellation of the bail granted hereby by moving application before the learned magistrate (until committal of the case if any, and thereafter, before the learned Principal Sessions Judge concerned) as held in P.K. Shaji V. State of Kerala (AIR2006 Supreme Court 100). (iii) In case the petitioner surrenders the passport as aforesaid and it is required to be returned, appropriate application for that may be preferred before the learned magistrate/Principal Sessions Judge as aforesaid and who shall decide the matter. Sd/- THOMAS P. JOSEPH, JUDGE. AS /True Copy/ P.A. to Judge