Kerala High Court
Unknown vs Present on 8 May, 2018
Author: Annie John
Bench: Annie John
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MRS. JUSTICE ANNIE JOHN
TUESDAY, THE 8TH DAY OF MAY 2018 / 18TH VAISAKHA, 1940
BAIL APPL..NO. 2582 OF 2018
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AGAINST THE ORDER/JUDGMENT IN CRMC 470/2018 OF D.C. & SESSIONS COURT,
THRISSUR. CRIME NO. 222/2018 OF TOWN EAST POLICE STATION , TRISSUR.
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PETITIONER(S)/ACCUSED 1 TO 3
1 MIDHUN PRADEEP,
AGED 20 YEARS, S/O.PRADEEP KUMAR, MALIYEKKAL HOUSE, WEST
KADUNGALLUR P.O., ALUVA, ERNAKULAM-683110.
2 VIVEK K.B.,
AGED 19 YEARS, S/O.BIJU K.C., KOLENGATTUPARAMBIL HOUSE,
RAMAVARMAPURAM P.O., THRISSUR-680631.
3 GAUTHAM I.S.,
AGED 19 YEARS, S/O.SUDHI, IYYATHI PARAMBIL HOUSE, POYYA P.O.,
MALA, THRISSUR-680733.
BY ADVS.SRI.C.HARIKUMAR
SRI.P.S.SIDHARTHAN
SRI.RENJITH RAJAPPAN
RESPONDENT(S)/STATE:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM-682031.
BY PUBLIC PROSECUTOR SRI. P.N.SUMODU.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08-05-2018,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
DXY
ANNIE JOHN, J.
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B.A.No. 2582 of 2018
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Dated this the 8th day of May, 2018
ORDER
The petitioners are arrayed as the accused Nos. 1 to 3 crime No. 222/2018 of Thrissur East Police Station, Thrissur District for offences punishable under Sections 323, 324, 326, 341 and 506 r/w Section 34 of IPC.
2. The prosecution allegation is that on 16.02.2018 the accused persons who are SFT activists assaulted the de facto complainant and his friends who are ABVP activists of the same college. The petitioners were attacked by the de facto complainant on the very same day. Thus they have committed the offences.
3. According to the learned counsel for the petitioners, there was no allegation that the petitioners have used any deadly weapons in the alleged incident and thus the offence under Section 326 of IPC will not lie. And also states that the petitioners are the students of Maharajas Technical Institute, B.A.No. 2582 of 2018 ..2..
Thrissur. Moreover, the practical examinations were already declared.
4. The learned Public Prosecutor has strongly opposed the bail application by stating that the offences committed by the petitioners are serious in nature. The de facto complainant sustained a serious injury.
5. I have gone through the case diary and wound certificate. There are case and counter case pending between the petitioners and the de facto complainant who are the students of the same college. The practical examinations were declared already.
6. Considering these facts, I am inclined to grant anticipatory bail subject to the following conditions.
1. The Station House Officer, Thrissur East Police Station, Thrissur District is directed to enlarge the petitioners on bail, in the event of arrest, on executing a bond for ` 50, 000/- (Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction B.A.No. 2582 of 2018 ..3..
of the investigating officer.
2. The Petitioners shall appear before the Station House Officer, Thrissur East Police Station, Thrissur District on all Saturdays for two months between 9am to 10am or till the charge sheet filed whichever is earlier.
3. The petitioners shall not commit or involve in any offence while on bail.
4. If they violates any of the above conditions, the bail granted to them, shall stand cancelled, forthwith.
Sd/-
ANNIE JOHN, JUDGE \\True copy\\ PA to Judge Dxy