Kerala High Court
Syam Dath V.S. @ Vineeth vs State Of Kerala on 13 November, 2015
Author: A. Hariprasad
Bench: A.Hariprasad
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.HARIPRASAD
FRIDAY, THE 13TH DAY OF NOVEMBER 2015/22ND KARTHIKA, 1937
Bail Appl..No. 7011 of 2015 ()
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CRIME NO. 1500/2014 OF CHIRAYINKIL POLICE STATION.
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PETITIONER/1ST ACCUSED :
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SYAM DATH V.S. @ VINEETH, AGED 27 YEARS,
S/O. SYMALA, VILAYIL VEEDU KUNNIL, KOUNTHALLOOR,
CHIRAYINKIL P.O., THIRUVANANTHAPURAM.
BY ADV. SRI.M.R.SARIN.
RESPONDENTS/STATE/COMPLAINANT:
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1. STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
2. THE SUB INSPECTOR OF POLICE,
CHIRAYINKIL POLICE STATION,
REPRESENTED THROUGH THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SMT.R. REMA.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 13-11-2015, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
rs.
A. HARIPRASAD, J.
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Bail Appl. No.7011 of 2015
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Dated this the 13th day of November 2015
O R D E R
Bail application filed under Sec.438 Cr.P.C.
2. Petitioner is the 1st accused in Crime No.1500 of 2014 of Chirayinkil Police station registered for the offences punishable under Secs.143, 147, 148, 149, 294(b), 323, 324, 427 and 452 of the Indian Penal Code. Prosecution case in brief is that, on 25.12.2014 at about 5.00 p.m., the petitioner along with other accused persons trespassed into the poultry farm of the defacto complainant and manhandled him with iron pipe.
3. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
4. Learned counsel for the petitioner submitted that there is an unexplained delay in filing the First Information Statement. That apart, the defacto complainant's poultry farm is causing nuisance to the locality which was resisted by the petitioner and others. That is the cause for registration of this case. Bail Appl. No.7011 of 2015 2
5. Learned Public Prosecutor submitted that the petitioners used weapons is the allegations against them.
Considering the nature of allegations and the gravity of offences, pre arrest bail is granted to the petitioner with the following conditions.
1. The petitioner shall surrender before the investigating officer within a period of two weeks and submit themselves for interrogation.
2. In the event of arrest, the petitioner shall be released on his executing a bond for Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the investigating officer.
3. The petitioner shall appear before the Investigating Officer for interrogation as and when directed by him in writing.
4. The petitioner shall not intimidate or attempt to influence the witnesses, nor shall he tamper with the evidence.
Bail Appl. No.7011 of 2015 3
In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with law without referring the matter to this Court.
Sd/-
A. HARIPRASAD
JUDGE
/ True Copy /
NS/13/11/2015 P.A. To Judge