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Kerala High Court

Ajayan vs State Of Kerala on 7 October, 2016

Author: B.Sudheendra Kumar

Bench: B.Sudheendra Kumar

        

 
IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT:

           THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR

        FRIDAY, THE 7TH DAY OF OCTOBER 2016/15TH ASWINA, 1938

                    Bail Appl..No. 6972 of 2016
                     ---------------------------

     CRIME NO. 913/2016 OF VARAPPUZHA POLICE STATION, ERNAKULAM
                            -------------



PETITIONER(S)/ACCUSED NO.3:
--------------------------

            AJAYAN,
            AGED 54 YEARS, S/O. ACHUTHAN,
            KALLIYATTU VEEDU,
            KARINGAMTHURUTH KARA, ALANGAD VILLAGE,
            PARAVUR TALUK.


            BY ADVS.SRI.S.RAJEEV
                    SRI.K.K.DHEERENDRAKRISHNAN
                    SRI.V.VINAY
                    SRI.D.FEROZE

RESPONDENTS/STATE/COMPLAINANT:
------------------------------

          1. STATE OF KERALA,
            REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
            ERNAKULAM-682031. (CRIME NO. 913/2016 OF
            VARAPPUZHA POLICE STATION, ERNAKULAM DISTRICT).

          2. STATION HOUSE OFFICER,
            VARAPPUZHA POLICE SATION, ERNAKULAM DISTRICT-683517.
            (CRIME NO. 913/2016 OF VARAPPUZHA POLICE STATION,
            ERNAKULAM DISTRICT).


            BY PUBLIC PROSECUTOR SRI.SAJJU. S.


       THIS BAIL APPLICATION  HAVING COME UP FOR ADMISSION  ON
       07-10-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:


PJ



                           B.SUDHEENDRA KUMAR, J.
                ==========================================
                              B.A No.6972 of 2016
               ==========================================
                   Dated this the 7th day of October, 2016

                                      ORDER

The petitioner is the third accused in Crime No.913 of 2016 of Varappuzha Police Station registered for the offences under Sections 452, 323, 324, 354B, 506(ii), 427 and 393 read with Section 34 of the Indian Penal Code.

2. The petitioner has filed this application under Section 438 Cr.P.C.

3. Heard.

4. The learned Public Prosecutor has no serious objection in allowing the application. The first and the second accused have been already released on bail after their arrest and judicial detention. No overt act is alleged against the petitioner. The petitioner did not inflict any bodily injury on the injured persons. The learned Public Prosecutor has submitted that the petitioner is not involved in any other offence. Considering the facts and circumstances of the case, I am inclined to allow this application.

In the result, this application stands allowed, and the respondents are directed to release the petitioner on bail in the event of B.A No.6972 of 2016 2 his arrest in connection with Crime No.913 of 2016 of Varappuzha Police Station on condition of the petitioner executing a bond for Rs.30,000/- (Rupees Thirty Thousand only) with two solvent sureties, each for the like sum to the satisfaction of the second respondent, before whom the petitioner shall surrender within fifteen days from today, if not arrested in the meantime, and subject to the following further conditions:-

i. The petitioner shall report before the Investigating Officer on every Tuesday between 9.00 a.m. and 11.00 a.m. for three months, and thereafter as and when required by the Investigating Officer for interrogation.
ii. The petitioner shall not intimidate or influence the witnesses or in any way tamper with the investigation.
iii. The petitioner shall not get involved in any other offence of similar nature while on bail.
Sd/-
B.SUDHEENDRA KUMAR, JUDGE rkj //TRUE COPY// P.A. TO JUDGE