Kerala High Court
Rayaroth Ajayan vs State Of Kerala on 10 July, 2014
Author: Thomas P.Joseph
Bench: Thomas P.Joseph
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH
THURSDAY, THE 10TH DAY OF JULY 2014/19TH ASHADHA, 1936
Bail Appl..No. 4976 of 2014 ()
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CRIME NO. 346/2014 OF KANNAVAM POLICE STATION, KANNUR
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PETITIONER/18TH ACCUSED:
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RAYAROTH AJAYAN, AGED 43 YEARS,
S/O.NANU, AKSHY HOUSE, MANAMTHERI P.O.
MANAMTHERI AMSOM DESOM, THALASSERY TALUK,
KANNUR DISTRICT.
BY ADVS.SRI.C.P.PEETHAMBARAN
SMT.MINI.V.A.
RESPONDENT/COMPLAINANT :
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STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SRI. SREEJITH
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 10-07-2014, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
BP
THOMAS P. JOSEPH, J
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B.A.No.4976 of 2014
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Dated this the 10th day of July, 2014
ORDER
Petitioner is the 18th accused in Crime No.346 of 2014 of the Kannavam Police Station for the offences punishable under Sections 143, 147, 148, 341, 323, 324, 308 r/w Section 149 of the Indian Penal Code, apprehends arrest and has filed the application.
2. Learned Public Prosecutor has opposed the application. It is submitted that on 16.05.2014 at about 04.00 p.m., due to political rivalry the petitioner and others came in a vehicle belonging to and driven by the petitioner and attacked the de facto complainant and others with iron rod.
3. Learned counsel submits that the allegations are not true. Petitioner was not driving the vehicle at the relevant time. His vehicle was hired by certain persons in connection with the celebration following announcement of result of Election.
4. On hearing both sides it revealed that the vehicle involved and the weapon are recovered. The vehicle is released to the person entitled. The petitioner is not reported to be involved in any other case from the Kannavam Police Station. I B.A.No.4976 of 2014 2 am satisfied that custodial interrogation of the petitioner is not required. Hence, I am inclined to grant relief but subject to conditions.
Application is allowed as under:
(i) Petitioner shall surrender before the officer investigating Crime No.346 of 2014 of the Kannavam Police Station on 17.07.2014 at 10.00 a.m for interrogation.
(ii) In case interrogation is not completed that day, it is open to the officer concerned to direct presence of the petitioner on other day/days and time as may be specified by him which the petitioner shall comply.
(iii) In case arrest of the petitioner is recorded, he shall be produced before the jurisdictional magistrate the same day.
(iv) On such production the petitioner shall be released on bail (if not required to be detained otherwise) on his executing bond for 20,000/- (Rupees twenty thousand only) with two sureties for the like sum to the satisfaction of the learned magistrate and subject to the following conditions:
(a) One of the sureties shall be a close relative of the petitioner.
(b) Petitioner report to the officer investigating the case on every alternate Saturday between 10.00 a.m and 12.00 p.m B.A.No.4976 of 2014 3 for a period of two months or until filing of the final report, whichever is earlier.
(c) Petitioner shall report to the investigating officer as and when required for interrogation.
(d) Petitioner shall not get involved in any offence during the period of this bail.
(e) Petitioner shall not intimidate or influence the witnesses.
(v) In case the petitioner violates any of condition Nos.
(b) to (e), it is open to the investigating officer to move the learned magistrate (until committal of the case if any, and thereafter, before the learned Principal Sessions Judge concerned) for cancellation of the bail as held in P.K Shaji Vs. State of Kerala (AIR 2006 SC 100).
Sd/-
THOMAS P. JOSEPH, JUDGE.
AS /True Copy/
P.A. to Judge