Kerala High Court
Vishnu Vijayan vs State Of Kerala on 29 May, 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 29TH DAY OF MAY 2012/8TH JYAISHTA 1934
Bail Appl..No. 3151 of 2012 ()
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(CRIME NO.508/2011 OF MANIMALA POLICE STATION, KOTTYAM DISTRICT)
PETITIONER/ACCUSED:
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1. VISHNU VIJAYAN, AGED 20 YEARS
KURAVAROTTU, KULATHOORPRAYAR.
2. MAHESH MOHAN, AGED 20 YEARS
VELLAKALLUNKAL, KULATHOORPRAYAR, KADAMKULAM.
3. AJAYAN
ARYATHU, KULATHOORPRAYAR, KADAMKULAM.
BY ADVS.SRI.S.RAJEEV
SRI.K.K.DHEERENDRAKRISHNAN
RESPONDENT/STATE:
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1. STATE OF KERALA
REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA
ERNAKULAM (CRIME NO.508/2011 OF MANIMALA POLICE STATION
KOTTYAM DISTRICT)-682 031.
2. STATION HOUSE OFFICER
MANIMALA POLICE STATION
KOTTAYAM DISTRICT (CRIME NO.508/2011 OF MANIMALA POLICE
STATION
KOTTYAM DISTRICT)-686 543.
BY PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON
29-05-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
dlk
N.K.BALAKRISHNAN, J.
---------------------------------------------------- B.A.No.3151 of 2012
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Dated this the 29th day of May, 2012 Order The petitioners are some of the accused in Crime No.508 of 2011 of Manimala Police Station, Kottayam. The offences alleged against them are under Sections 143, 147, 149, 448, 427 and 436 IPC. The learned counsel for the petitioners submits that some of the accused persons have already been granted bail. It is submitted that a mental asylum was illegally run by the complainant. The activities in the building wherein the mental asylum was allegedly functioning were objected to by the people of the locality and the people of that locality set fire to that asylum. In fact realising the fact that the asylum was being run illegally, the District Collector ordered to close down the asylum.
2. 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 BA 3151/12 2 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 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 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 affidavit that they will abide by all the conditions as mentioned above and that they will not BA 3151/12 3 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 any police officer or tamper with the evidence.
e. The accused shall not leave the State of Kerala without permission of the court.
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.
srd BA 3151/12 4 BA 3151/12 5