Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH FRIDAY,THE20H DAY OF JUNE201430TH JYAISHTA, 1936 Bail Appl..No. 4474 of 2014 () ------------------------------- CRIME NO. 516/2014 OF KOYILANDY POLICE STATION , KOZHIKODE --------- PETITIONERS/ACCUSED1STO3 ----------------------------------------------- 1. DILEEP KUMAR M., AGED50YEARS, MAPPALA HOUSE, H.R.ROAD, WEST HILL, KOZHIKODE2 REJU KUMAR, AGED45YEARS, KOLLASSERI HOUSE, NENMENI P.O., SULTHAN BATHERI WYNAD DISTRICT.
3. RAGESH C.P., AGED42YEARS, S/O.BALAN, CHAMAPARAMBIL HOUSE, CHELIYA P.O., MUTHU BAZAR, KOYILANDY. BY ADV. SRI.DEVAPRASANTH.P.J.
RESPONDENT/COMPLAINANT: --------------------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING S.I. KOYILANDY POLICE STATION PIN.682 031 BY PUBLIC PROSECUTOR SRI.V.S. SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON2006-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: BP THOMAS P. JOSEPH, J.
-------------------------------- Bail Appl. No.4474 of 2014 -------------------------------------------- Dated this the 20th day of June 2014 ORDER
Petitioners are accused nos.1 to 3 in Crime No.516 of 2014 of the Koyilandy Police station for the offences punishable under Secs.307 and 324 read with Sec. 34 of the Indian Penal Code, Sec.3(1), 17 and 18(A) of the Money Lenders Act are in custody from 20.05.2014 and 21.05.2014 and seek bail.
2. Learned Public Prosecutor has opposed the application. It is submitted that on 19.05.2014 at about 9.15 a.m., while the defacto complainant was riding a motorcycle, a Scoda car and Alto car came behind the motorcycle. Alto car hit the motorcycle causing injuries to the defacto complainant. Initially it was thought that it was a motor accident but investigation revealed that the defacto complainant had borrowed certain amount from the 1st petitioner and the petitioners and others attempted to cause Bail Appl. No.4474 of 2014 2 death of the defacto complainant in view of dispute regarding payment of interest for certain period.
3. Learned counsel submitted that the allegations are not true. It is submitted that the Scoda car belonged to the 1st petitioner. He was running a training centre of martial arts where the defacto complainant was a student. There happened to be some dispute between the 1st petitioner and the defacto complainant. Based on that, the petitioner is falsely implicated. It is also submitted that the defacto complainant does not owe any amount to any of the petitioners and the petitioners are prepared to file affidavit to that effect before the jurisdictional magistrate.
4. Having heard both sides and considering that the petitioners are in custody from 20.05.2014 and 21.05.2014, I am inclined to grant relief to the petitioners but subject to conditions and from a future date since investigation is not completed. Application is allowed as under. Bail Appl. No.4474 of 2014 3 I. Petitioners are granted bail in Crime No.516 of 2014 of the Koyilandy Police station and shall be released on bail ( if not required to be detained otherwise) on their executing bond for Rs.25,000/- (Rupees twenty five thousand only) each with two sureties each for the like sum each to the satisfaction of the jurisdictional magistrate and subject the the following conditions. a) One of the sureties shall be a close relative of any of the petitioners. b) Petitioners shall file affidavit before the learned magistrate while executing the bail bond to the effect that the defacto complainant does not owe any amount to any of them even as on the date of filing the affidavit. c) Petitioners or any of them shall not open or run training centre for martial arts Bail Appl. No.4474 of 2014 4 without obtaining permission from the appropriate authority. d) Petitioners shall report to the officer investigating Crime No.516 of 2014 of the Koyilandy Police station on every Saturday between 10 a.m. and 12 p.m. for a period of two months or until filing of the final report, whichever is earlier. e) Petitioners shall report to the investigating officer as and when required for interrogation. f) Petitioners shall not get involved any offence during the period of this bail. g) Petitioners shall not intimidate or influence the witnesses. h) In case any of condition nos.(b) to (g) is violated, it is open to the investigating officer to file application before the learned Bail Appl. No.4474 of 2014 5 magistrate for cancellation of the bail granted hereby, as held in P.K. Shaji V. State of Kerala (AIR 2006 SC100. II) This order granting bail will take effect only from 25.06.2014 since investigation is not completed. Sd/- THOMAS P. JOSEPH JUDGE / True Copy / NS P.A. To Judge