Kerala High Court
Kuttayi @ George.V.C vs State Of Kerala on 27 February, 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
MONDAY, THE 27TH DAY OF FEBRUARY 2017/8TH PHALGUNA, 1938
Bail Appl..No. 1162 of 2017 ()
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CRIME NO. 49/2017 OF PAYYAVOOR POLICE STATION,
KANNUR DISTRICT
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PETITIONER(S)/ACCUSED:
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KUTTAYI @ GEORGE.V.C
S/O. CHACKO, AGED 42 YEARS,
VADAKKAN VEETTIL, CHEETHAPPARA,
PAYYAVOOR P.O., PAYYAVOOR AMSOM,
TALIPARAMBA TALUK, KANNUR DISTRICT.
BY ADVS.SRI.V.A.SATHEESH
SRI.V.T.MADHAVANUNNI
RESPONDENT(S)/COMPLAINANT:
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STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA THROUGH S.H.O
PAYYAVOOR POLICE STATION, KANNUR DT.
BY PUBLIC PROSECUTOR SRI.SAJJU S
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 27-02-2017, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
bp
K.ABRAHAM MATHEW, J.
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B.A.No. 1162 of 2017
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Dated this the 27th day of February, 2017
ORDER
Petition filed under Section 439(1) Cr.P.C.
2. Petitioner is the accused in Crime No.49 of 2017 of Payyavoor Police Station registered for the offences under Sections 294
(b), 308,323, 324, 341, 427, 448 and 506 IPC.
3. The prosecution case is that he trespassed into the courtyard of the house of the first informant, intimidated him and others, wrongfully restrained him, uttered obscene words, committed mischief and assaulted him with an iron rod. Learned counsel submits that the allegations are false and the petitioner has been in custody for about one month and he may be granted bail.
4. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
5. The petitioner has been in custody since 31.1.2017. His further detention is not necessary for completion of the investigation.
In the result, this Bail Application is allowed.
i. The petitioner shall be released on bail 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 lower court B.A.No. 1162 of 2017 2 concerned.
ii. He shall appear before the investigating officer for interrogation if he is so required by him in writing.
iii. He shall not intimidate or attempt to influence the witnesses, nor shall he get himself involved in any other criminal case.
iv. He shall surrender his passport before the lower court concerned or if he does not have one he shall file an affidavit to that effect within five days of his release.
v. He 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