Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH MONDAY,THE7H DAY OF JULY201416TH ASHADHA, 1936 Bail Appl..No. 4855 of 2014 () --------------------------------------------- CRIME NO. 688/2014 OF KARUNAAGAPALLY POLICE STATION , KOLLAM PETITIONER(S)/4TH ACCUSED: -------------------------------------------------- HARIKUTTAN AGED21YEARS S/O.OMANAKUTTAN PILLAI, KATTURTHEKKATHIL MUZHNGODY MURIYIL, KALLELYBHAGOM VILLAGE, KOLLAM. BY ADV. SRI.NAGARAJ NARAYANAN RESPONDENT(S)/STATE: ---------------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. R BY PUBLIC PROSECUTOR, SMT. T.Y.LALIZA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON0707-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: das THOMAS P. JOSEPH, J.
=========================== Bail Appl.No. 4855 of 2014 ------------------------------------------------ Dated this the 7th day of July, 2014 ORDER
Petitioner is the fourth accused in Crime No. 688 of 2014 Karunagappally Police Station for the offences punishable under Sections 143, 147, 148, 447, 323, 324, 341, 506 (ii) r/w Section 149 of Indian Penal Code and Section 27 of Arms Act, apprehends arrest and has filed the application.
2. Learned Public Prosecutor has opposed the application. It is submitted that on 2-3-2014 at about 9.00 p.m. the petitioner and others trespassed into the compound of the de- facto complainant, threatened him with swords and attacked him with iron rod, stick etc.
3. Learned counsel submitted that the petitioner had not used any weapon. Some of the accused involved in this case are granted bail by this Court as per order dated 26-3-2014 in B.A. No. 2051 of 2014.
4. Going through the copy of the order dated 26-3-2014 and on hearing both sides, I am inclined to extend the same relief B.A. No. 4855 of 2014 -2- to the petitioner also for the reasons stated in the order dated 26-3-2014. The application is disposed of as under. i. The petitioner shall surrender before the officer investigating Crime No. 688 of 2014 Karunagappally Police Station on 1`4-7-2014 at 10.00 a.m for interrogation. ii. If interrogation of the petitioner is not completed that day, he shall appear before the officer investigating the case on the day/days and time as directed by him which the petitioner shall comply. iii. In case the petitioner is arrested, he shall be produced before the jurisdictional magistrate the same day. iv. On such production, the petitioner shall be released (if not required to be detained otherwise) on his executing bond for 20,000/- (Rupees twenty thousand only) with two sureties each for the like sum each to the satisfaction of the learned magistrate and subject to the following conditions: a. One of the sureties shall be a close relative of the petitioner. B.A. No. 4855 of 2014 -3- b. Petitioner shall report to the officer investigating Crime No.668 of 2014 of the Karunagappally Police Station on all alternate Saturdays between 10.00 a.m and 12.00 p.m for two months or until final report is filed. c. Petitioner shall report to the officer investigating the case as and when required for interrogation at all reasonable time and place. d. Petitioner shall not get involved in any offence during the period of this bail. e. Petitioner shall not intimidate or influence the witnesses. In case any of condition Nos. (b) to (e) is violated, it is open to the investigating officer to file application before the learned magistrate for cancellation of the bail granted hereby, as held in P.K. Shaji v. State of Kerala (AIR 2006 SC100. THOMAS P. JOSEPH, JUDGE kp/-