Kerala High Court
Crime No.647/12 Of Anchal Police ... vs Vinod Kumar on 6 July, 2012
Author: N.K.Balakrishnan
Bench: N.K.Balakrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE N.K.BALAKRISHNAN
FRIDAY, THE 6TH DAY OF JULY 2012/15TH ASHADHA 1934
Bail Appl..No. 4446 of 2012 (A)
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[CRIME NO.647/12 OF ANCHAL POLICE STATION, KOLLAM DISTRICT]
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APPLICANT/ACCUSED NO. 1 TO 3:
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1. VINOD KUMAR, AGED 35 YEARS,
S/O VISWANATHA PILLAI, VINOD BHAVAN, VADAMON,
P.O ANCHAL, KOLLAM DISTRICT.
2. VIMAL KUMAR, AGED 32 YEARS,
S/O VISWANATHA PILLAI, VINOD BHAVAN,
VADAMON P.O. ANCHAL KOLLAM DISTRICT.
3. VISWANATHA PILLAI, AGED 65 YEARS,
S/O MADHAVAN PILLAI, VINOD BHAVAN, VADAMON,
P.O ANCHAL, KOLLAM DISTRICT.
BY SRI.P.VIJAYA BHANU, SENIOR ADVOCATE,
ADVS. SRI.M.REVIKRISHNAN,
SMT.M.A.SHEEBA.
RESPONDENT/COMPLAINANT:
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STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SRI. SREEJITH V.S.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 06-07-2012, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Prv.
N.K.BALAKRISHNAN, J.
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B.A.No. 4446 of 2012
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Dated this the 6th day of July, 2012
ORDER
Petitioners are A1 to A3 in Crime no.647/2012 of Anchal police station, Kollam district. The offences alleged against them are under Secs.447, 326, 427, 294
(b) r/w 34 of IPC. Apprehending arrest, this petition is filed for anticipatory bail.
2. The incident allegedly took place at 9.00PM on 25.05.2012. It is alleged that the petitioners trespassed into the courtyard of the house of the defacto complainant and attacked him with in iron rod and as a result of the same he sustained a fracture to the shoulder bone.
3. Learned counsel for the petitioners submits that in fact, the defacto complainant and others trespassed into the house of the first petitioner carrying deadly weapons and attacked the petitioners and as a B.A.No.4446/2012 : 2 : result of the same the first petitioner sustained a fracture. Crime no.646/2012 is the crime registered based on the statements given by the injured of that case.
4. Considering all the aspects, the following directions are issued:
5. The petitioners shall surrender before the Investigating Officer within 10 days from today. After interrogation the accused shall be produced before the learned Magistrate. When applied for bail by the accused, the learned Magistrate can, considering the nature of the case, grant bail to the petitioners but on the following conditions:
a. The accused shall execute 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 concerned Court. If in case the Magistrate has any doubt about the genuineness or correctness of the tax receipts produced by the sureties, the learned Magistrate can insist for B.A.No.4446/2012 : 3 : production of the attested photo copies of the original title deeds of the sureties.
b. The accused shall make themselves available for interrogation by the Investigating Officer and that they should appear before the Investigating Officer on all Mondays and Fridays between 9.30 AM to 11.30 AM until further orders. c. The accused shall produce their original passports before the learned jurisdictional Magistrate. If they are not having any valid passport, they should file an affidavit regarding the same before the Magistrate.
d. The accused will also file an affidavit that they will abide by all the conditions as mentioned above and that they will not commit any offence similar to the offence involved in this case and that they shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to B.A.No.4446/2012 : 4 : any police officer or tamper with the evidence.
e. The accused and the sureties shall not leave State of Kerala without the prior permission of the learned Magistrate. f. The learned Magistrate will also ensure the identity of the sureties by insisting production of electoral photo identity cards/Driving licence etc. N.K.BALAKRISHNAN, JUDGE das