Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE16H DAY OF JULY201425TH ASHADHA, 1936 Bail Appl..No. 5243 of 2014 --------------------------------------- CRIME NO. 444/2014 OF CHANGARAMKULAM POLICE STATION, MALAPPURAM DISTRICT --------------- APPLICANTS / ACCUSED NOS.1,2,4,5 AND6: ------------------------------------------------------------------ 1. UNNIKRISHNAN, AGED30YEARS, S/O.GOPALAN, PATTARA VEEDU, MADATHUMPURAM.
2. SREEJITH @ UNNIMON, AGED28YEARS, S/O.SUBRAMANIAN, PALLIKKARA HOUSE, KOKKOOR.P.O., KIZHAKKUMMURI.
3. ANEESH @ SHIBU, AGED27YEARS, S/O.MULLAN @ VASU, VATTAPARAMBIL HOUSE, KOKKOOR.P.O., MADATHUMPURAM.
4. SASIDHARAN, AGED35YEARS, S/O.KOTHA, KADAKKATTIL VEEDU, KOKKOOR.P.O., MADATHUMPURAM.
5. SUBHASH, AGED33YEARS, S/O.BHASKARAN, KEDEKKATTIL VEEDU, KOKKOOR.P.O., MADATHUMPURAM. BY SRI.P.VIJAYA BHANU (SENIOR ADVOCATE) ADVS.SRI.VIPIN NARAYAN SRI.V.C.SARATH RESPONDENT / COMPLAINANT : ------------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.C.RASHEED THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON1607-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Msd. THOMAS P. JOSEPH, J.
-------------------------------- Bail Appl. No.5243 of 2014 -------------------------------------------- Dated this the 16th day of July 2014 ORDER
Petitioners are accused 1, 2 and 4 to 6 in Crime No.444 of 2014 of the Changaramkulam Police station for the offences punishable under Secs.143, 147, 148, 341, 294 (b), 506(ii), 323, 324, 307 and 448 read with Sec.149 of the Indian Penal Code, are in custody and seek bail.
2. Learned Public Prosecutor has opposed the application. It is submitted that these accused along with others attacked the defacto complainant and others while all were watching World Cup football match in the television on 08.06.2014 at about 8.45 p.m. Accused nos.1,2 and 4 were arrested on 19.06.2014. Accused nos. 5 and 6 were arrested on 23.06.2014.
3. Learned counsel has requested for bail.
4. On hearing both sides, I am satisfied that further detention of these accused is not necessary. They Bail Appl. No.5243 of 2014 2 are not reported to be involved in any other case from the Changaramkulam Police station. Hence I am inclined to grant relief to these accused but subject to conditions. Application is allowed as under. Petitioners are granted bail in Crime Crime No.444 of 2014 of the Changaramkulam Police station and shall be released (if not required to be detained otherwise) on their executing bond for Rs.20,000/- (Rupees Twenty 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. (b) Petitioners shall report to the investigating officer on every alternate Saturday between 10.00 am and 12.00 pm for a period of two months or until filing of the final report, whichever is earlier. Bail Appl. No.5243 of 2014 3 (c) Petitioners shall report to the investigating officer as and when required for interrogation. (d) Petitioners shall not get involved any offence during the period of this bail. (e) Petitioners shall not intimidate or influence the witnesses. (f) 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 (until committal of the case if any, and thereafter before the learned Principal Sessions Judge concerned) for cancellation of the bail granted hereby, as held in P.K. Shaji V. State of Kerala (AIR 2006 SC100. THOMAS P. JOSEPH JUDGE NS