Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE4H DAY OF JUNE201414TH JYAISHTA, 1936 Bail Appl..No. 2956 of 2014 () ------------------------------- CRIME NO. 491/2014 OF PANDALAM POLICE STATION , PATHANAMTITTA PETITIONER/ACCUSED: ------------------- UNNIKRISHNAN B. AGED23YEARS S/O.BALAN PILLAI, UNNIVILASAM, POOZHIKKADU MURI KUDASANADU P.O., PANDALAM, ADOOR PATHANAMTHITTA BY ADV. SRI.VINOY VARGHESE KALLUMOOTTILL RESPONDENTS/COMPLAINANTS/STATE: ------------------------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM - 682 031.
2. THE SUB INSPECTOR PANDALAM POLICE STATION PATHANAMTHITTA DISTRICT - 689 645. BY PUBLIC PROSECUTOR: ADV. V S SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON04 06-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J.
========================= B.A.No.2956 of 2014 ============================ Dated this the 04th day of June, 2014 ORDER
Petitioner is accused, in Crime No.491 of 2014 of the Pandalam Police Station for the offences punishable under Secs.452 and 323 of the Indian Penal Code, apprehends arrest and has filed this application.
2. Learned Public Prosecutor has opposed the application. It is submitted that on 29.03.2014 at about 10.30p.m, the petitioner trespassed into the house of the de facto complainant and kicked son of the de facto complainant. Petitioner was carrying an iron lever which is taken to custody.
3. Learned counsel submits that the allegations are not true. The de facto complainant and others attacked the petitioner at about 9.30p.m with iron rod. Petitioner sustained injury and was taken to the Pushpagiri Hospital, Thiruvalla wherefrom he was taken to the Christian Mission Hospital, Pandalam. Thereafter he was treated at the Government Hospital, Adoor. It is submitted that a case is registered against the de facto complainant and others for offences including Sec.307 of the Penal Code. B.A.No.2956 of 2014 2 4. Since custody of the petitioner is not required for any purpose and he is not reported to be involved in any other case from the Pandalam Police Station, I am inclined to grant relief to the petitioner but subject to conditions. Resultantly this application is allowed as under: (i) Petitioner shall surrender before the officer investigating Crime No.491 of 2014 of the Pandalam Police Station on 11.06.2014 at 10 a.m for interrogation. (ii) In case interrogation is not completed that day, it is open to the officer concerned to direct presence of the petitioner on other day/days and time as may be specified by him which the petitioner shall comply. (iii) In case arrest of the petitioner is recorded, he shall be produced before the jurisdictional magistrate the same day. (iv) On such production the petitioner shall be released on bail (if not required to be detained otherwise) on his executing bond for `20,000/- (Rupees Twenty Thousand Only) with two sureties for the like sum each to the satisfaction of the learned magistrate and subject to the following conditions: (a) Petitioner shall report to the officer investigating Crime No.491 of 2014 of the Pandalam Police Station on all alternate Saturdays between 10a.m and 12p.m for a period of two months or till final B.A.No.2956 of 2014 3 report is filed, whichever is earlier. (b) Petitioner shall report to the Investigating Officer as and when required for interrogation. (c) Petitioner shall not get involved in any offence during the period of this bail. (d) Petitioner shall not intimidate or influence the witnesses. (e) In case the petitioner violates any of condition Nos.(a) to (d), it is open to the investigating officer to move the learned magistrate for cancellation of the bail as held in P.K Shaji Vs. State of Kerala (AIR 2006 SC100. Sd/- THOMAS P.JOSEPH, JUDGE. Sbna True Copy P A to Judge