Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE2D DAY OF JULY201411TH ASHADHA, 1936 Bail Appl..No. 4803 of 2014 () ------------------------------- CRIME NO. 459/2014 OF POTHENCODE POLICE STATION , THIRUVANANDAPURAM PETITIONER(S)/A2: ----------------- RATHEESH AGED32YEARS S/O. RETHNAKARAN NAIR, ODOOR VEEDU, ODOORKONAM CHARUMOODU, MELEVILA WARD, AYIROORPARA VILLAGE THIRUVANANTHAPURAM. BY ADV. SRI.SHAJIN S.HAMEED RESPONDENT(S)/STATE : --------------------- STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE POTHENCODE, THROUGH THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. R BY PUBLIC PROSECUTOR: ADV. LALIZA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON02 07-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J.
========================= B.A.No.4803 of 2014 ============================ Dated this the 02nd day of July, 2014 ORDER
Petitioner is the second accused in Crime No.459 of 2014 of the Pothencode Police Station for the offences punishable under Secs.294(b), 324, 326, 506(ii), 452 and 308 r/w Sec.34 of the Indian Penal Code, is in custody from 08.06.2014 and seeks bail.
2. Learned Public Prosecutor has opposed the application. It is submitted that on 21.05.2014 at about 7.30p.m, petitioner and the first accused trespassed into the house of the de facto complainant and attacked him and his son with spade and reaper etc. Petitioner assaulted the de facto complainant with reaper. Petitioner is also involved in Crime No.848 of 2013 for the offences punishable under Secs.294(b), 323, 324 and 354 r/w Sec.34 of the Indian Penal Code. The assault was in retaliation of son of the de facto complainant allegedly attacking the petitioner for which Crime No.178 of 2014 is registered under Secs.323 and 326 r/w Sec.34 of the Penal Code.
3. Learned counsel submits that the petitioner was not even present at the time of the incident. The first accused and another person assaulted the de facto complainant and others. Merely B.A.No.4803 of 2014 2 because of the incident in Crime No.178 of 2014, petitioner is implicated. Father of the petitioner is undergoing treatment for Cancer.
4. On hearing both sides, it is revealed that the reaper allegedly used by the petitioner is already recovered. The first accused however is absconding. Having regard to the circumstances, I am inclined to grant bail but subject to conditions and protecting interest of the victims also. The application is allowed as under: (i) Petitioner is granted bail in Crime No.459 of 2014 of the Pothencode Police Station and shall be released, if not required to be detained otherwise on his executing bond for `25,000/- (Rupees Twenty Five Thousand Only) with two sureties for the like sum each to the satisfaction of the jurisdictional magistrate and subject to the following conditions: (a) One of the sureties shall be a close relative of the petitioner. (b) Petitioner shall report to the Officer investigating the case on every alternate Saturday between 10 a.m and 12 p.m for a period of two months or till final report is filed, whichever is earlier. (c) Petitioner shall report to the Investigating Officer as and when directed for interrogation. B.A.No.4803 of 2014 3 (d) Petitioner shall not, during the period of this bail get involved in any offence. (e) Petitioner shall not intimidate or influence the witnesses. (f) Petitioner shall deposit `7,500/- (Rupees Seven Thousand and Five Hundred Only) in a Nationalised/Scheduled bank or Co- operative society for a period of two years (renewable as per the order of the learned magistrate) and produce the Fixed Deposit receipt before the learned magistrate within a month from the date of petitioner executing the bail bond. (g) In case compensation is awarded and victims or any of them is made liable, such compensation to the extent possible could be realised from the amount in deposit (h) In case of violation of any of condition Nos.(b) to (f), bail granted hereby is liable to be cancelled 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 Vs. State of Kerala (AIR 2006 SC100. Sd/- THOMAS P.JOSEPH, JUDGE. Sbna True Copy P A to Judge