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[Cites 3, Cited by 0]

Kerala High Court

Ajayakumar @ Ajayan vs State Of Kerala on 15 May, 2018

Author: Annie John

Bench: Annie John

        

 
IN THE HIGH COURT OF KERALA AT ERNAKULAM

                          PRESENT:

              THE HONOURABLE MRS. JUSTICE ANNIE JOHN

          WEDNESDAY, THE 13TH DAY OF JUNE 2018 / 23RD JYAISHTA, 1940

                     Bail Appl..No. 3672 of 2018


        Bail Appl. 3254/2018 of HIGH COURT OF KERALA DATED 15-05-2018
      CRIME NO. 469/2018 OF KEEZHVAYPUR POLICE STATION , PATHANAMTITTA



PETITIONER(S)/1ST ACCUSED:


     AJAYAKUMAR @ AJAYAN,
     AGED 30 YEARS, S/O.ARJUNAN, THELLIKKUNNEL HOUSE,
     CHIRAYILKULAM, ANJILITHANAM, KUNNAMTHANAM.


     BY ADVS.SRI.T.P.PRADEEP
          SRI.P.K.SATHEESH KUMAR




RESPONDENT(S)/COMPLAINANT:

1.   STATE OF KERALA,
     REPRESENTED BY THE PUBLIC PROSECUTOR,
     HIGH COURT OF KERALA, ERNAKULAM,
     PIN-682 031.

2.   SUB INSPECTOR OF POLICE, KEEZHVAYPUR,
     PATHANAMTHITTA DISTRICT, PIN-689 101.

       R BY SMT. SREEJA, PUBLIC PROSECUTOR


     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
     13-06-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

                    ANNIE JOHN, JUDGE.
         ------------------------------------------------
                      B.A.No.3672 of 2018
          ----------------------------------------------
            Dated this the 13th day of June, 2018

                                ORDER

The petitioner is the first accused in Crime No.469/2018 of Keezhvaypur Police Station. This is the second bail application filed by the petitioner stating that all the investigation is over and he has been in judicial custody for the last 84 days. The major offences alleged against him are under Sections 326 and 308 IPC. The alleged incident was occurred on 19.3.2018, at 7.30 p.m. It is submitted that, except this accused, all the other accused were released on bail.

2. The learned Public Prosecutor has opposed the application and stated that the investigation is almost over and the petitioner is under judicial custody for more than 84 days.

3. Considering the period of detention in the jail and that the investigation is almost over, further detention of the petitioner is not required. Therefore, I am inclined to grant bail to the petitioner by invoking Section 439 of the Cr.P.C. on the following conditions:

1. The petitioner herein shall be released on bail on executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the B.A.No.3672/2018 2 like sum to the satisfaction of the trial court below and on production of their identity cards.
2.The petitioner shall appear before the SHO, Keezhvaypur Police Station, Pathanamthitta at 9 a.m. on every Fridays for three months commencing from 16.06.2018 or till the charge sheet filed, whichever is earlier.
3.The petitioners shall not influence the witnesses or tamper any evidence in this case.
4.The petitioner shall not commit any offence while on bail.
5.The petitioner shall not enter the Police Station limits except for complying with condition No.2 and shall not disturb the peaceful life of the victim and his family.
6.If the petitioner violates any of the above conditions, the bail granted to him shall stand cancelled, forthwith.

This application is allowed as above.

ANNIE JOHN, JUDGE.

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