Kerala High Court
Unknown vs Suresh T.V on 3 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
TUESDAY, THE 3RD DAY OF JULY 2012/12TH ASHADHA 1934
Bail Appl..No. 4384 of 2012 ()
------------------------------
CRIME NO.305/2012 OF CHANGARAMKULAM POLICE STATION, THRISSUR.
................
APPLICANTS/ACCUSED:
------------------------------------
1. SURESH T.V., S/O.NARAYANAN,
PARAYAN VALAPPIL HOUSE,
KUTTIPPALA AMSOM, NADUVATTOM DESOM,
P.O. SUKAPURAM, PONNANI TALUK.
2. LOHIDAKSHAN, S/O.NARAYANAN,
PARAYAN VALAPPIL HOUSE,
KUTTIPPALA AMSOM, NADUVATTOM DESOM,
P.O. SUKAPURAM, PONNANI TALUK.
BY ADVS. SRI.P.SANTHOSH (PODUVAL),
SMT.R.RAJITHA.
RESPONDENT/COMPLAINANT:
---------------------------------------------
STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SMT.JASMINE V.H.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 03-07-2012, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
rs.
N.K. BALAKRISHNAN, J.
------------------------------------------
B.A. No: 4384 of 2012
------------------------------------------
Dated this the 3rd day of July, 2012
O R D E R
Petitioners are the accused in Crime No:305/2012 of Changaramkullam Police Station, Thrissur District. The offences alleged are under sections 341, 323, 324 and 326 r/w 34 of IPC. Apprehending arrest this petition is filed for anticipatory bail.
2. It is alleged that the accused persons attacked the defacto complainant by beating with iron rod and gauntlet. The complainant sustained communated fracture (4 injuries were caused on the left palm/fingers). There was a contusion on the back of neck also. The learned counsel for the petitioners submits that in fact the 1st petitioner was pulled down from the motor cycle and was beaten up by the complainant and as a result of the same, he also sustained injuries. Annexure B, the copy of the wound certificate has been relied upon by the learned counsel. It is further B.A. No: 4384/2012 -2- submitted that subsequently there was an altercation and scuffle between the complainant and the people who gathered there.
3. Whatever that be, considering all the aspects the following directions are issued:
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) each 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 B.A. No: 4384/2012 -3- sureties, the learned Magistrate can insist for 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 B.A. No: 4384/2012 -4- 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 any police officer or tamper with the evidence.
e. The accused shall not leave the 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. Sd/-
N.K. BALAKRISHNAN, JUDGE //True Copy// P.A. to Judge jjj