Kerala High Court
Anil Kumar vs State Of Kerala on 23 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
THURSDAY, THE 23RD DAY OF MARCH 2017/2ND CHAITHRA, 1939
Bail Appl..No. 1855 of 2017
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CRIME NO. 424/2017 OF THIRUVALLA POLICE STATION, PATHANAMTHITTA
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PETITIONER(S)/ACCUSED 1 TO 5:
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1. ANIL KUMAR,
S/O THANKAPPAN, AGED 42 YEARS,
MANNILKALAYIL HOUSE,
VALLAMKULAM PO, THIRUVALLA.
2. AJITH KUMAR,
S/O THANKAPPAN, AGED 46 YEARS,
MANNILKALAYIL HOUSE,
VALLAMKULAM PO, THIRUVALLA.
3. PRADEESH E.K,AGED 31 YEARS,
S/O KUTTAN, MANALUZHATHIL CHENGAMANNIL,
VALLAMKULAM PO, THIRUVALLA.
4. SURAJ KUMAR,
S/O GOPALAN, AGED 26 YEARS,
NUZHAVATTATHU, VALLAMKULAM PO,
THIRUVALLA.
5. VIJAYAN K.T,
AGED 36 YEARS, S/O THANKAPPAN,
KARUMALA PALLIPPARAMBIL,
VALLAMKULAM PO, THIRUVALLA
BY ADVS.SRI.R.GIREESH VARMA
SRI.V.K.NANDAKUMARAN
RESPONDENT/COMPLAINANT:
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STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM
(CRIME NO. 424/2017 OF THIRUVALLA POLICE STATION)
BY PUBLIC PROSECUTOR SRI AJITH MURALI
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 23-03-2017, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
K.V.
K.ABRAHAM MATHEW J.
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B.A.No.1855 of 2017
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Dated this the 23rd day of March, 2017
ORDER
Petition filed under Section 438 Cr.P.C.
2. The petitioners are accused 1 to 5 in Crime No.424 of 2017 of Thiruvalla Police Station, Pathanamthitta district registered for the offences under Sections 143, 144, 147, 149, 323, 452 and 294(b) of the Indian Penal Code.
3. The prosecution case is that they formed themselves into an unlawful assembly trespassed into the house of the victim, uttered obscene words and assaulted him with hands.
4. Heard the learned counsel for the petitioners and the learned Public Prosecutor.
5. There is no allegation that the petitioners used any deadly weapons or the victim sustained any grievous hurt. So their detention is not necessary for effective investigation.
In the result, this application is allowed.
1) The petitioners shall be released on bail after interrogation on their executing a bond for Rs.Twenty five thousand each with two solvent sureties each for the like sum if they are arrested by the Police in connection with this case.
2) They shall appear before the Investigating Officer for interrogation on 7th and 14th days after their release.
B.A.No.1855 of 2017 2
3) They shall not get themselves involved in any other criminal case while they are on bail.
4) They shall not intimidate or attempt to influence the witnesses.
5) They shall not destroy or tamper with the evidence.
6) 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.
If they surrender before the Magistrate this order is not applicable and the learned Magistrate may pass appropriate orders.
In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.
Sd/-
K.ABRAHAM MATHEW
JUDGE
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/True copy/ P.S.to Judge