Kerala High Court
Jayesh vs State Of Kerala on 16 January, 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
MONDAY, THE 16TH DAY OF JANUARY 2017/26TH POUSHA, 1938
Bail Appl..No. 9011 of 2016 ()
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CRIME NO. 865/2016 OF NENMARA POLICE STATION , PALAKKAD DISTRICT
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PETITIONER(S)/ACCUSED NO. 2 & 3:
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1. JAYESH, AGED 24 YEARS, S/O.SUNDARAN,
KALATHIL HOUSE, KAVALAPPARA, VITHANASSERY,
ALATHUR, PALAKKAD DIST.
2. MANIKANDANN,AGED 30 YEARS, S/O.K.GOPALAKRISHNAN,
KAVUNGAL HOUSE, NEDUNGODU, VALLENGI, NENMARA,
ALATHUR, PALAKKAD DIST.
BY ADV. SRI.T.K.SANDEEP
RESPONDENT/COMPLAINANT/STATE:
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STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM -682 031.
BY PUBLIC PROSECUTOR SRI.AJITH MURALI
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 16-01-2017, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
sts
K.ABRAHAM MATHEW, J.
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B.A.No.9011 of 2016
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Dated this the 16th day of January, 2017
ORDER
Petition filed under Section 438 Cr.P.C.
2. Petitioners are accused Nos.2 & 3 in Crime No.865 of 2016 of Nenmara Police Station registered for the offences under Sections 153, 308, 326B and 447 of the IPC.
3. The prosecution case is that on 3.11.2016 at about 10.20 p.m., the petitioners hurled beer bottles filled with petrol at the house of the first informant. They are members of BJP and the victim is said to be an RSS worker.
4. Heard the learned counsel for the petitioners and the learned Public Prosecutor.
5. The incident allegedly happened at 10.20 in the night on 3.11.2016. The police was informed of the incident only on 11.11.2016. The inordinate delay speaks volumes. In the F.I. Statement, the only allegation was that beer bottles were thrown. In other words, there was not even a whisper that it was filled with petrol or anything. The allegation that the bottles were filled with petrol surfaced only long after the incident. Having regard to the facts and circumstances, I am inclined to grant anticipatory bail to the petitioners.
B.A.No.9011 of 2016 2
In the result, this application is allowed. i. The petitioners shall be released on bail after interrogation on their executing a bond for Rs.50,000/- (Rupees fifty thousand only)each with two solvent sureties each for the like sum if they are arrested by the Police in connection with this case. ii. They shall appear before the Investigating Officer between 10 a.m. to 11.00 a.m every first and third Saturdays for three months or till the final report is filed, whichever is earlier.
iii. They shall not get themselves involved in any other criminal case while they are on bail. iv. They shall not intimidate or attempt to influence the witnesses.
v. They shall not destroy or tamper with evidence. 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 ln /True copy/ P.A. to Judge