Kerala High Court
Ajayan vs State Of Kerala on 19 October, 2012
Author: P.Bhavadasan
Bench: P.Bhavadasan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.BHAVADASAN
FRIDAY, THE 19TH DAY OF OCTOBER 2012/27TH ASWINA 1934
Bail Appl..No. 7789 of 2012 (C)
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[CRIME NO.1334/2012 OF THIRUVALLA POLICE STATION IN
PATHANAMTHITTA DISTRICT]
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PETITIONERS/ACCUSED 1 TO 5:
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1. AJAYAN, AGED 28,
KARIKANAM ASA HOUSE, WEST OTHERA P.O, THIRUVALLA.
2. SETHU T.S,
S/O.SUKUMARAN T.I, THITTAPPALLIL HOUSE THUKALASSERY,
THIRUVALLA.
3. THANKACHAN , AGED 47,
MADAPRETHU HOUSE, KOTTOOKKARA, THIRUVALLA.
4. VINAYAN T.K., S/O.THANKACHAN T.K, AGED 22,
MADAPRETHU HOUSE, KATTOOKKARA,
THIRUVALLA.
BY ADV. SRI.R.GIREESH VARMA.
RESPONDENT/COMPLAINANT:
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STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
COCHIN-31 (CRIME NO 1334/2012 OF THIRUVALLA POLICE STATION).
BY PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 19-10-2012, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Prv.
P.BHAVADASAN, J.
---------------------------------------------------- BA No.7789 of 2012
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Dated this the 19th day of October 2012
Order
Petitioners are the accused in Crime
No.1334/12 of Thiruvalla Police Station for having committed the offences punishable under Ss.143, 147, 148, 149, 323, 324, 427 and 308 of IPC. The allegation is that on 14.09.2012 at 7 pm, they attacked the defacto complainant and caused an injury on his head. The petitioners submit that the allegations are without any basis and they are implicated with ulterior motives. It is contended by the petitioners that S.308 has been deliberately incorporated to see that bail is denied to the petitioners. According to the petitioners, they have not committed any act which would attract the above sections.
2. The learned Public Prosecutor opposed the application and pointed out that specific overt act is attributed to the second accused who seems to have assaulted the defacto complainant with a stick. BA 7789/12 2
3. After having heard the learned counsel for the petitioners and the learned Public Prosecutor and having gone through the records, it is felt that this is a fit case warranting exercise of the extra ordinary jurisdiction of this court under S.438 of Cr.PC. The application is accordingly allowed as follows :
1. The petitioners shall surrender before the Investigating Officer on or before 05.11.2012, who, after interrogation, shall produce them before the JFCM concerned.
2. On applications being filed by the petitioners before the JFCM concerned, they shall be released on bail on executing a bond for Rs.25,000/- (Rupees Twenty Five Thousand only) with two solvent sureties for the like sum each to the satisfaction of the JFCM concerned.
3. The learned Magistrate shall ensure the identity of the sureties and also the veracity of the tax receipts produced by the sureties before granting bail to the petitioners.
4. The petitioners shall appear before the Investigating Officer as and when required by him, till final report is filed. BA 7789/12 3
5. The petitioners shall not tamper or attempt to tamper with the evidence and influence or try to influence the witnesses.
6. If any of the conditions is violated, the bail granted shall stand cancelled and the JFCM concerned, on being satisfied of the said fact, may take such steps as are available to him in law.
P.Bhavadasan, Judge sta BA 7789/12 4 BA 7789/12 5