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Kerala High Court

Jobin Jose vs State Of Kerala on 4 June, 2015

Author: K. Abraham Mathew

Bench: K.Abraham Mathew

       

  

   

 
 
                       IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                                   PRESENT:

                  THE HONOURABLE MR.JUSTICE K.ABRAHAM MATHEW

              THURSDAY, THE 4TH DAYOF JUNE 2015/14TH JYAISHTA, 1937

                                        Bail Appl..No.2951 of 2015
                                         -------------------------------------

         CRIME NO.175/2015 OF CHITTARIKAL POLICE STATION,KASARGOD.
                                                          ..

PETITIONER/ACCUSED NO.3:
-------------------------------------------

          JOBIN JOSE,S/O.JOSEPH M.T.,AGED 27 YEARS,
          DRIVER,CHOYAMKODE,KINANOOR KARITHALAM,
          P.O.CHAYOTH,KASARAGOD DISTRICT - 671 534.

           BY SRI.GRASHIOUS KURIAKOSE (SENIOR ADVOCATE)
                    ADV.SRI.GEORGE MATHEWS

RESPONDENT/COMPLAINANT:
---------------------------------------------

          STATE OF KERALA,STATION HOUSE OFFICER,
          CHITARIKKAL POLICE STATION,KASARAGOD DISTRICT,
          REPRESENTED BY PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA,ERNAKULAM.

            BY PUBLIC PROSECUTOR SMT.R.REMA.

          THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
          ON 04-06-2015, THE COURT ON THE SAME DAY PASSED THE
          FOLLOWING:


pk



                K. ABRAHAM MATHEW, J.
                     -----------------------------
                     B.A No. 2951 of 2015
               ---------------------------------------
             Dated this the 4th day of June, 2015.



                            O R D E R

Petitioner along with the co-accused is alleged to have committed the offence under Sections 447, 341, 323, 324, 308 r/w 34 of IPC. The prosecution case is that the first accused assaulted his brother with a knife.

2. Heard.

3. The petitioner's name is shown as Jobin Jose but in the prosecution documents he is mentioned as Jobi. But it appears that there is no dispute with regard to his identity at this stage. The first accused and the victim are brothers. It is stated that there was a dispute between them which led to the incident. The petitioner was neither or nor directly involved in the incident. So I am inclined to grant this prayer.

In the result, this application is allowed.

1) The petitioner shall be released on bail after interrogation on his executing a bond for Rs.25,000/-(Rupees Twenty five thousand only) with two solvent sureties each for the like sum if he is arrested by the Police in connection with this case.
B.A No. 2951 of 2015
2) He shall appear before the Investigating Officer between 10 a.m. to 11a.m. on every Wednesday for four months or till the final report is filed whichever is earlier.
3) He shall not get himself involved in any other criminal case while he is on bail.
4) He shall not intimidate or attempt to influence the witnesses.
5) He shall not destroy or tamper with the evidence.

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 sab