Kanishantavathukal Vasu Vs. State of Kerala - Court Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW FRIDAY,THE29H DAY OF AUGUST20147TH BHADRA, 1936 Bail Appl..No. 6309 of 2014 () ------------------------------- CRIME NO. 408/2014 OF KOLAVALLOOR POLICE STATION, KANNUR DISTRICT -------------------- PETITIONERS/ACCUSED NOS. 1 TO5: -------------------------------------------------------- 1. KANISHANTAVATHUKAL VASU, S/O. ONAKKAN, AGED42YEARS, THRIPANGOTTOOR AMSOM, CENTRAL POILOOR KANNUR DISTRICT2 RAJESSH K., S/O. KUNHIKKANNAN, AGED26YEARS, KOLLANTAVIDA HOUSE THRIPANGOTTOOR AMSOM, CENTRAL POILOOR, KANNUR DISTRICT3 SAJITH T.V., S/O. KANARAN, AGED29YEARS, THAZHE VEETTIL HOUSE THRIPANGOTTOOR AMSOM, PULLAYITHODU, KANNUR DISTRICT4 RANJITH P., S/O. KUNHIKKANNAN, AGED30YEARS POKKAYINTAVIDE, THRIPANGOTTOOR AMSOM CENTRAL POILOOR, KANNUR DISTRICT5 SUNIL KUMAR P., S/O. KRISHNAN, AGED30YEARS POKKAYINTAVIDE, THRIPANGOTTOOR AMSOM CENTRAL POILOOR, KANNUR DISTRICT BY ADVS.SRI.K.SIJU SRI.SHANAVAS NALAKATH RANDUPURAYIL SMT.BINDU GEORGE RESPONDENT/STATE : ---------------------------------- STATE OF KERALA, THROUGH STATION HOUSE OFFICER KOLAVALLOOR POLICE STATION REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERLA AT ERNAKULAM. BY PUBLIC PROSECUTOR SMT. LALIZA T.Y. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON2908-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn K. ABRAHAM MATHEW, J.

- - - - - - - - - - - - - - - - - - - - - - - B.A. No.6309 of 2014 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of August, 2014 ORDER

Petition filed under Section 439 Cr.P.C. The petitioners are the accused Nos.1 to 5 in crime No.408/2014 of Kolavalloor Police Station registered for the offences under Sections 143, 147, 148 r/w. Section 149 IPC and Sections 3 & 5 of the Explosive Substances Act.

2. The allegation is that they formed themselves into an unlawful assembly and hurled bomb at the house of the first informant at 10.30 in the night.

3. Heard.

4. It is very strange that the accused have been charged with the offences under Sections 143, 147, 148 r/w. Section 149 IPC only. The common object of the unlawful assembly is not disclosed by the prosecution. The first petitioner has been in custody since 19.07.2014 and the others since 14.07.2014. Their release will not affect B.A. No.6309 of 2014 -2- the investigation. In the result, this application is allowed. 1) The petitioners shall be released on bail on their executing a bond for Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate concerned. 2) They shall appear before the Investigating Officer between 10.30 a.m and 11.30 a.m on every Friday for 3 months or till the final report is filed, whichever is earlier. 3) Until the further report is filed they shall not enter the territorial limits of Kolavalloor Police Station except for complying with the conditions in this order or except with the previous permission of the learned Magistrate concerned. 4) They shall not intimidate or attempt to influence the witnesses; nor shall they tamper with the evidence. B.A. No.6309 of 2014 -3- In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law. Sd/- K. ABRAHAM MATHEW JUDGE //True copy// P.A. TO JUDGE shg/