Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH TUESDAY,THE1T DAY OF JULY201410TH ASHADHA, 1936 Bail Appl..No. 4784 of 2014 -------------------------------------- CRIME NO. 489/2014 OF VALIYATHURA POLICE STATION , ERNAKULAM DISTRICT ------------------- PETITIONERS / ACCUSED NO'S2& 7 : -------------------------------------------------------- 1. RAJESH KUMAR @ BHARATHI, AGED28YEARS, S/O. SUDHAKARAN, PUTHUVAL PUTHEN VEEDU, T.C801672, BALANAGAR, VETTUKADU WARD, KADAKAMPALLY VILLAGE, THIRUVANANTHAPURAM DISTRICT.
2. SHIBU, AGED28YEARS, S/O. NAGENDRAN, PUTHUVAL PUTHEN VEEDU, T.C30623, BALANAGAR, VETTUKADU WARD, KADAKAMPALLY VILLAGE, THIRUVANANTHAPURAM DISTRICT. BY ADVS.SRI.K.S.ARUN KUMAR SMT.M.N.MAYA RESPONDENT / COMPLAINANT : ------------------------------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON0107-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Msd. THOMAS P. JOSEPH, J.
----------------------------- Bail Appl.No. 4784 of 2014 () ---------------------------------------- Dated this the 1st day of July, 2014 ORDER
Petitioners are accused Nos.2 and 7 in Crime No.489 of 2014 of the Valiyathura Police Station for the offences punishable under Sections 147, 148, 323, 324, 326, 307 read with Section 149 of the Indian Penal Code, Section 27 of the Arms act, is in custody from 18.04.2014 and seek bail, their earlier applications having been rejected by this Court having regard to this specific overt act attributed to them. 2.Learned Public Prosecutor has opposed the application. It is submitted that on 15.04.2014 at about 9.30 p.m. the petitioners and others formed unlawful assembly and attacked the de facto complainant with deadly weapons like sword, iron rod, granite stone, etc. The first petitioner inflicted cut injury right on the right knee and left leg of the de facto complainant while the second petitioner hit him with a granite stone. Bail Appl.No. 4784 of 2014 () 2 3.Learned counsel submits that the earlier applications were dismissed leaving it open to the petitioners to move again. 4.On going through the previous orders, I find that the petitioners were disallowed relief having regard to their specific overt act and having regard to the nature of allegations against them. The petitioners are in custody from 18.04.2014 and they are not reported to be involved in any other case from the Valiyathura Police Station. 5.In the circumstances, also protecting interest of the de facto complainant to some extent and subject to condition to prevent recurrence of such incidents in future, I am inclined to grant relief to the petitioners. The application is allowed as under : I. The petitioners are granted bail in Bail Appl.No. 4784 of 2014 () 3 Crime No.489 of 2014 of the Valiyathura 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 three sureties each for the like sum each to the satisfaction of the jurisdictional magistrate and subject to the following conditions: a. Whether or not he/she has landed property, on of the sureties shall be the father/brother/mother/close relative of the petitioners. b. Petitioners shall deposit `10,000/- (Rupees ten thousand only) each in a nationalised/Scheduled bank or co- operative society as the case may be, initially for a period of two years (renewable as per order of the learned Magistrate) and produce the Bail Appl.No. 4784 of 2014 () 4 Fixed Deposit receipts before the learned magistrate while executing the bail bond. c. In case the petitioners are made liable to pay compensation to the de facto complainant or other victim in the case, such compensation the extent possible could be realised from the amount in deposit. d. Petitioners shall report to the SHO, Parippally Police Station (Kollam District) on every Saturday between 10 a.m. and 12 p.m. until otherwise ordered by the learned magistrate until committal of the case and thereafter by the learned Principal Sessions Judge concerned. e. Petitioners shall report to the investigating officer as and when required for interrogation. Bail Appl.No. 4784 of 2014 () 5 f. Except if necessary for compliance with condition Nos.(d) and (e) or to attend any court (or other lawful authority as per order in writing), the petitioners shall not enter Thiruvananthapuram District until otherwise ordered or except with the permission of the learned magistrate/Principal Sessions Judge as aforesaid. g. Petitioners shall not get involved in any offence during the period of this bail. h. Petitioners shall not intimidate or influence the witnesses. i. In case any of condition Nos.(d) to (h) is violated, it is open to the investigating officer to file application before the learned magistrate/Principal Sessions Judge Bail Appl.No. 4784 of 2014 () 6 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