Kerala High Court
Shibindas @ Shibin vs State Of Kerala on 29 March, 2017
Author: K.Abraham Mathew
Bench: K.Abraham Mathew
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW
WEDNESDAY, THE 29TH DAY OF MARCH 2017/8TH CHAITHRA, 1939
Bail Appl..No. 1885 of 2017 ()
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CRIME NO. 357/2016 OF CHANDERA POLICE STATION,KASARAGOD DISTRICT
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PETITIONER(S)/ACCUSED NOS. 5 & 7:
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1. SHIBINDAS @ SHIBIN,
S/O. SHANMUKHAN, AGED 23/17 YEARS, ALINKEEL HOUSE,
PEKKADAM, NORTH THRIKKARIPUR VILLAGE.
2. SURESHKUMAR N @ SURESHAN,
S/O. KAMALAKSHAN.T.,AGED 42/17 YEARS,
PARUTHICHAL HOUSE,
UDINOOR, AUTORIKSHAW DRIVER.
BY ADVS.SRI.P.S.SREEDHARAN PILLAI
SRI.ARJUN SREEDHAR
RESPONDENT/COMPLAINANT & STATE:
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STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA ERNAKULAM - 682 031
BY PUBLIC PROSECUTOR SRI.AJITH MURALI
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 29-03-2017, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
sts
K.ABRAHAM MATHEW, J.
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B.A.No. 1885 of 2017
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Dated this the 29th day of March, 2017
ORDER
Petition filed under Section 439(1) Cr.P.C.
2. Petitioners are accused 5 and 7 in Crime No.357 of 2016 of Chandera Police Station registered for the offences under Sections 120(b),143, 147,148, 308, 323, 324, 341 r/w Section 149 IPC.
3. The prosecution case is that on account of political enmity, they along with the co-accused armed with deadly weapons, formed themselves into an unlawful assembly pursuant to a conspiracy and attempted to commit murder of the victim by assaulting him with weapons. Learned counsel submits that the allegations are false and the petitioners have been in custody for about three weeks.
4. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
5. The petitioners have been in custody since 9.3.2017. Their further detention is not necessary for its completion.
In the result, this Bail Application is allowed.
i. The petitioners shall be released on bail on their executing a bond for Rs.25,000/- (Rupees Twenty five thousand only) each with two solvent sureties each for the like sum to the satisfaction of the lower court concerned.
B.A.No. 1885 of 2017 2
ii. They shall appear before the investigating officer between 10.00 a.m and 11.00 a.m every first and third Saturdays for three months or till the final report is filed whichever is earlier.
iii. They shall not intimidate or attempt to influence the witnesses, nor shall they get themselves involved in any other criminal case.
iv. They shall surrender their passports before the lower court concerned or if they do not have one they shall file an affidavit to that effect within five days of their release.
v. They shall not leave the State of Kerala without the previous permission of the court of enquiry or trial court, as the case may be.
In case of violation of any of the above conditions, the lower court concerned is empowered to cancel the bail in accordance with the law.
K.ABRAHAM MATHEW JUDGE pm IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW WEDNESDAY, THE 29TH DAY OF MARCH 2017/8TH CHAITHRA, 1939 Bail Appl..No. 1885 of 2017 ()
------------------------------- CRIME NO. 357/2016 OF CHANDERA POLICE STATION,KASARAGOD DISTRICT
----------------
PETITIONER(S)/ACCUSED NOS. 5 & 7:
-------------------------------------------------------
1. SHIBINDAS @ SHIBIN, S/O. SHANMUKHAN, AGED 23/17 YEARS, ALINKEEL HOUSE, PEKKADAM, NORTH THRIKKARIPUR VILLAGE.
2. SURESHKUMAR N @ SURESHAN, S/O. KAMALAKSHAN.T.,AGED 42/17 YEARS, PARUTHICHAL HOUSE, UDINOOR, AUTORIKSHAW DRIVER.
BY ADVS.SRI.P.S.SREEDHARAN PILLAI SRI.ARJUN SREEDHAR RESPONDENT/COMPLAINANT & STATE:
-----------------------------------------------------------
STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM - 682 031 BY PUBLIC PROSECUTOR SRI.AJITH MURALI THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29-03-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sts K.ABRAHAM MATHEW, J.
------------------------------------------- B.A.No. 1885 of 2017
------------------------------------------- Dated this the 29th day of March, 2017 ORDER Petition filed under Section 439(1) Cr.P.C.
2. Petitioners are accused 5 and 7 in Crime No.357 of 2016 of Chandera Police Station registered for the offences under Sections 120(b),143, 147,148, 308, 323, 324, 341 r/w Section 149 IPC.
3. The prosecution case is that on account of political enmity, they along with the co-accused armed with deadly weapons, formed themselves into an unlawful assembly pursuant to a conspiracy and attempted to commit murder of the victim by assaulting him with weapons. Learned counsel submits that the allegations are false and the petitioners have been in custody for about three weeks.
4. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
5. The petitioners have been in custody since 9.3.2017. Their further detention is not necessary for its completion.
In the result, this Bail Application is allowed.
i. The petitioners shall be released on bail on their executing a bond for Rs.25,000/- (Rupees Twenty five thousand only) each with two solvent sureties each for the like sum to the satisfaction of the lower court concerned.
B.A.No. 1885 of 2017 2
ii. They shall appear before the investigating officer between 10.00 a.m and 11.00 a.m every first and third Saturdays for three months or till the final report is filed whichever is earlier.
iii. They shall not intimidate or attempt to influence the witnesses, nor shall they get themselves involved in any other criminal case.
iv. They shall surrender their passports before the lower court concerned or if they do not have one they shall file an affidavit to that effect within five days of their release.
v. They shall not leave the State of Kerala without the previous permission of the court of enquiry or trial court, as the case may be.
In case of violation of any of the above conditions, the lower court concerned is empowered to cancel the bail in accordance with the law.
K.ABRAHAM MATHEW JUDGE pm