Kerala High Court
Maneesh S vs State Of Kerala on 9 December, 2016
Author: P.Ubaid
Bench: P.Ubaid
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID
FRIDAY, THE 9TH DAY OF DECEMBER 2016/18TH AGRAHAYANA, 1938
Bail Appl. No. 8605 of 2016 (A)
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CRIME NO. 2298/2016 OF ATTINGAL POLICE STATION, THIRUVANANTHAPURAM
PETITIONER(S)/1ST ACCUSED :
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MANEESH S.
AGED 32 YEARS, S/O. SANTHA KUZHINJAVAYIL VEEDU,
DERSANAVATTOM NAGAROOR VILLAGE,
CHIRAYINKIL TALUK, THIRUVANANTHAPURAM.
BY ADV. SRI.M.R.SARIN
RESPONDENT(S):
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1. STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682 031.
2. THE SUB INSPECTOR OF POLICE
ATTINGAL POLICE STATION, THIRUVANANTHAPURAM.
BY PUBLIC PROSECUTOR SRI. AJITH MURALI
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 09-12-2016, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
MLG
P.UBAID, J.
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B.A.No. 8605 of 2016
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Dated this the 09th day of December, 2016
ORDER
The petitioner herein seeks pre-arrest bail under Section 438 of the Code of Criminal Procedure on the apprehension of arrest and custodial harassment in connection with Crime No. 2298 of 2016 of the Attingal Police Station, registered under Sections 294(b), 452, 323, 324, 341, 506(ii) and 427 read with Section 34 of the Indian Penal Code.
2. The main offences alleged in this case are bailable under the law. The petitioner seeks pre-arrest bail in view of the allegations under Section 452 of IPC. It is a matter for examination during trial whether this is a case of house trespass with preparation to cause hurt, or only a case of house trespass with intention to cause hurt. Anyway, I find that the circumstances of the petitioner are different from that of the first accused, who actually inflicted B.A.No. 8605 of 2016 -2- the injuries. Interrogation of the petitioner in custody is felt not necessary. The first accused remains to be arrested. The Police has already recovered the weapon of offence.
3. In the result, this petition for pre-arrest bail is allowed. The petitioner is ordered to be released on bail on his executing a bond with two solvent sureties for b930,000/- (Rupees Thirty Thousand only) each to the satisfaction of the arresting officer or the learned Magistrate having jurisdiction, in case of his arrest in connection with Crime No. 2298 of 2016 of the Attingal Police Station. Bail is granted on condition that;
a) The petitioner shall report before the Investigating Officer between 10 a.m. and 11 a.m. on all Thursdays for a period of six weeks.
b) The petitioner shall not leave the limits of Attingal Police Station for a period of six weeks.
B.A.No. 8605 of 2016-3-
c) The petitioner shall not in any
manner influence or intimidate the material
witnesses, or he shall not have any contact with the material witnesses directly or over telephone or otherwise.
d) The petitioner shall make a security deposit of b95,000 (Rupees Five Thousand only) in the court below simultaneously with execution of bond.
Sd/-
P.UBAID JUDGE ds //True copy// P.A. to Judge