Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE N.K.BALAKRISHNAN MONDAY, THE2D DAY OF JUNE201412TH JYAISHTA, 1936 Bail Appl..No. 2938 of 2014 () ------------------------------- CRIME NO. 503/2014 OF SAKTHIKULANGARA POLICE STATION , KOLLAM ------------------- PETITIONER(S)/ACCUSED :- -------------------------- SUJIN KUMAR AGED27YEARS S/O.SOMAN, PAZHAVOOR THEKKETHIN KANNIMEL MARUTHADI.P.O., SAKTHIKULANGARA VILLAGE KOLLAM DISTRICT. BY ADV. SRI.P.SIVARAJ RESPONDENT(S) :- ---------------- STATE OF KERALA THROUGH SUB INSPECTOR OF POLICE, SAKTHIKULANGARA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON0206-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: jvt N.K.BALAKRISHNAN, J.
-------------------------------- B.A. No.2938 of 2014 ------------------------------------- Dated this the 2nd day of June 2014 ORDER
Petitioner is the accused in Crime No.503/2014 of Sakthikulangara Police Station, Kollam. The offences alleged against him are punishable under Secs.323, 324, 452, 354 and 294(b) of IPC and Sec.27 of Arms Act. Apprehending arrest, this petition is filed for anticipatory bail.
2. It is alleged that the accused at first trespassed into the house of the complainant - Shailaja, there was some incident. It is stated that when the son of the complainant reached, he was attacked by the accused using sword causing injuries. On seeing the incident, Ratheesh tried to intervene, then the accused attacked Ratheesh using the very same sword causing injuries to him. The wound certificate shows the lacerated injuries sustained by Ratheesh mentioned above. It was stated that the accused beat the complainant's daughter and tore the churidar worn by her. B.A. No.2938 of 2014 -:
2. :- 3. The petitioner contends that he is innocent in the matter. That does not appear to be correct.
4. Considering all the aspects the following directions are issued: The petitioner shall surrender before the Investigating Officer within 10 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 grant bail to the petitioner but on the following conditions: a. The accused shall execute a bond for 25,000/- (Rupees Twenty Five Thousand only) with two solvent 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 accused shall make himself available for interrogation by the Investigating Officer and should appear before the Investigating Officer on all Mondays, Wednesdays and Fridays between 9.30 AM to 11.30 AM until further orders. c. The accused shall produce his original passport before B.A. No.2938 of 2014 -:
3. :- 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 accused will also file affidavit that he will abide by all the conditions as mentioned above and that he 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 accused shall not leave India without permission of the court. 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, J UDGE. //True Copy// P.A. To Judge Jvt