Bhuvanachandran Vs. State of Kerala - Court Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH TUESDAY, THE27H DAY OF MAY20146TH JYAISHTA, 1936 Bail Appl..No. 3329 of 2014 () ------------------------------- CRIME NO. 413/2014 OF KAREELAKULANGARA POLICE STATION, ALAPPUZHA DISTRICT. ...... PETITIONER/ACCUSED NO.2: -------------------------------------------- BHUVANACHANDRAN, S/O.UMMINI, AGED55YEARS, MANGALATHKIZHAKKATHIL, CHINGOLI MURI, -DO- VILLAGE, ALAPPUZHA DISTRICT. BY ADV. SRI.B.RENJITHKUMAR. RESPONDENT/COMPLAINANT: --------------------------------------------- STATE OF KERALA, REPRESENTED BY INSPECTOR OF POLICE, KAYAMKULAM, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN-682 031. BY PUBLIC PROSECUTOR MR.C. RASHEED. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON2705-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. THOMAS P. JOSEPH, J --------------------------------------- B.A.No.3329 of 2014 ---------------------------------------- Dated this the 27th day of May, 2014 ORDER

Petitioner is the second accused in Crime No.413 of 2014 of the Kareelakulangara Police Station for the offences punishable under Sections 323, 307, 341, 506(i) and 302 r/w Section 34 of the Indian Penal Code, was arrested on 19.04.2014 and seeks bail.

2. Application is opposed by the learned Public Prosecutor. It is submitted that the deceased had borrowed Rs.100/- from the petitioner and that amount was not re-paid. Following that on 16.04.2014 at about 07.00 p.m. the petitioner and others attacked the deceased. The first accused assaulted the deceased and his son with a knife. Petitioner also assaulted the deceased and his son.

3. Learned counsel submits that the specific allegation is against the first accused.

4. Having regard to the role attributed to the petitioner, I am inclined to think that his further detention is not required. Hence I am inclined to grant bail but subject to conditions to prevent recurrence of such incidents in future. Application is allowed as under: (i) Petitioner is granted bail in Crime No.413 of 2014 B.A.No.3329 of 2014 2 of the Kareelakulangara Police Station and shall be released on bail, (if not required to be detained otherwise) on his executing bond for Rs.30,000/- (Rupees thirty 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 10.00 a.m and 12.00 p.m for a period of two months or until filing of the final report whichever is earlier. (c) Petitioner shall report to the officer investigating the case as and when required for interrogation. (d) Except if necessary for compliance with the condition No.(b) and (c) or to attend any Court the petitioner shall not, until otherwise ordered by and except with the permission of the jurisdictional magistrate (until committal of the case if any, and thereafter of the learned Principal Sessions Judge concerned) enter local limits of the Kareelakulangara Police Station. (e) Petitioner shall not get involved in any offence B.A.No.3329 of 2014 3 during the period of this bail. (f) Petitioner shall not intimidate or influence the witnesses. (ii) It is made clear that in case any of condition Nos. (b) to (f) is violated, it is open to the Investigating Officer to seek cancellation of the bail granted hereby by moving application before the learned magistrate/Principal Sessions Judge as aforesaid, as held in P.K. Shaji V. State of Kerala (AIR2006Supreme Court 100). Sd/- THOMAS P. JOSEPH, JUDGE. AS /True Copy/ P.A. to Judge