Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH TUESDAY, THE1T DAYOF JULY201410TH ASHADHA, 1936 Bail Appl..No. 4437 of 2014 () ------------------------------- CR. NO. 326/2014 OF PARIYARAM MEDICAL COLLEGE POLICE STATION. ....... PETITIONERS: --------------------- 1. KRISHNAN. N.V., S/O. CHANDU NAMBIAR, AGED67YEARS, NAYANA VEETTIL, PARIYARAM AMSOM, MUKKUNNU KUPPAM P.O., KANNUR DISTRICT.
2. BHASKARAN. N.V., S/O. CHANDU NAMBIAR, AGED51YEARS, NAYANA VEETTIL, PARIYARAM AMSOM, MUKKUNNU KUPPAM P.O., KANNUR DISTRICT.
3. CHANDUKKUTTY. N.V., S/O. CHANDU NAMBIAR, AGED57YEARS, NAYANA VEETTIL, PARIYARAM AMSOM, MUKKUNNU KUPPAM P.O., KANNUR DISTRICT. BY ADVS.SRI.P.NARAYANAN, SRI.NICHOLAS JOSEPH. RESPONDENTS: ------------------------- STATE OF KERALA, THROUGH STATION HOUSE OFFICER, PARIYARAM MEDICAL COLLEGE POLICE STATION, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.C. RASHEED. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON0107-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. THOMAS P. JOSEPH, J.
----------------------------- Bail Appl.No. 4437 of 2014 () ---------------------------------------- Dated this the 1st day of July, 2014 ORDER
Petitioners are accused Nos.1 to 3 in Crime No.326 of 2014 of the Pariyaram Medical College Police Station for the offences punishable under Sections 143, 147, 148, 506(ii), 302, 323, 324, 326, 307 read with Section 149 of the Indian Penal Code, are in custody from 22.05.2014 and seek bail. 2.Learned Public Prosecutor has opposed the application. It is submitted that on 13.05.2014 at about 7 p.m., following a scuffle between the de facto complainant, the petitioners etc., over a civil dispute, the petitioners and others trespassed into house of the de facto complainant and attacked him and son, the deceased with knife, iron rod, wooden log etc. The son succumbed the injuries in the Bail Appl.No. 4437 of 2014 () 2 hospital on 21.05.2014. 3.Learned counsel submits that the allegations are not true. It is submitted that the third petitioner has sustained serious injuries in the same incident and was arrested from the hospital where he was undergoing treatment. 4.It appears that the incident arose from a civil dispute and the parties are related as well. Petitioners are not reported to be involved in any other case from the Pariyaram Medical College Police Station. On hearing both sides, I am satisfied that further custody of the petitioners is not required. Hence, I am inclined to grant relief but subject to conditions to prevent recurrence of such incidents in future and as investigation is not completed. The application is allowed as under : Bail Appl.No. 4437 of 2014 () 3 I. Petitioners are granted bail in Crime No.326 of 2014 of the Pariyaram Medical College Police Station and shall be released (if not required to be detained otherwise) on their executing bond for `30,000/- (Rupees thirty thousand only) each with two sureties each 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 any of the petitioners 1 to 3. b. Petitioners 1 and 2 shall report to the SHO, Thalipparambu Police station on every alternate Bail Appl.No. 4437 of 2014 () 4 Saturday between 10 a.m and 12 p.m, until filing of the final report. c. Petitioners shall report to the investigating officers as and when required for interrogation. d. Petitioners (except as regards the third petitioner, if it is necessary for him to go to any hospital) shall not, until otherwise ordered and except the permission of the learned magistrate until committal of the case if any and therefore of the learned Principal Sessions Judge concerned enter local limits of the Pariyaram Medical College Police Station. e. Petitioners shall not get involved in any offence during the period of this bail. Bail Appl.No. 4437 of 2014 () 5 f. Petitioners shall not intimidate or influence the witnesses. g. In case any of condition Nos.(b) to (f) is violated, it is open to the investigating officer to file application before the learned magistrate/Principal Sessions Judge as aforesaid for cancellation of the bail granted hereby, as held in P.K.Shaji v.State of Kerala [AIR 2006 SC100. sd/- THOMAS P. JOSEPH JUDGE AMV /TRUE COPY/ P.A.TO JUDGE