Kerala High Court
Ajayan M vs State Of Kerala on 9 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
WEDNESDAY, THE 9TH DAY OF JULY 2014/18TH ASHADHA, 1936
Bail Appl..No. 5071 of 2014
-------------------------------
CRIME NO. 522/2014 OF NILESWARAM POLICE STATION, KASARAGOD
......
PETITIONERS/ACCUSED NO 1-4:
--------------------------------------------------
1. AJAYAN M, AGED 32 YEARS,
S/O KORAN, METTAK PODOTHURUTHI, CHATHAMATH,
PEROLE VILLAGE.
2. MADHU C.V., AGED 40 YEARS,
S/O RAMAN, CHERIKKA VALAPPIL, CHATHAMATH,
PEROLE VILLAGE.
3. AMBU SURESHAN @ SURESHAN K.V, AGED 40 YEARS,
S/O.GOPALAN, KUNHIVALAPPIL, CHATHAMATH,
PEROLE VILLAGE.
4. KISHOR BABU V.,AGED 26 YEARS,
S/O. KUNHIKANNAN.V. MOORTHI NIVAS, CHATHAMATH,
PEROLE VILLAGE.
BY ADV. SRI.M.V.AMARESAN
RESPONDENT/COMPLAINANT:
----------------------------------------------------
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682 031.
BY PUBLIC PROSECUTOR SMT. T.Y.LALIZA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 09-07-2014, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Kss
THOMAS P. JOSEPH, J.
--------------------------------
Bail Appl. No.5071 of 2014
--------------------------------------------
Dated this the 9th day of July 2014
O R D E R
Petitioners are accused 1 to 4 in Crime No.522 of 2014 of the Nileswaram Police station for the offences punishable under Secs.341, 323, 324, 308 and 506(ii) read with Sec.34 of the Indian Penal Code, are in custody from 11.06.2014 and seek bail.
2. Learned Public Prosecutor has opposed the application. It is submitted that on 10.06.2014 at about 6.30 p.m., the petitioners attacked the defacto complainant with deadly weapon due to political rivalry. It is submitted that the action under Sec.107 of the Cr.P.C. is being initiated against the petitioners and a report for that purpose is submitted before the Sub Judicial Magistrate concerned.
3. Learned counsel submitted that B.A. No.4793 of 2014 filed by the petitioners was dismissed by this court on 02.07.2014 as investigation is not completed. Bail Appl. No.5071 of 2014 2
4. On hearing both sides, I am inclined to think that further detention of the petitioners is not required for investigation. Hence, I am inclined to grant bail to the petitioners but subject to stringent conditions to prevent recurrence of such incidents in future.
Application is allowed as under.
Petitioners are granted bail in Crime No.522 of 2014 of the Nileswaram Police station and shall be released ( if not required to be detained otherwise) on their executing bond for Rs.30,000/- (Rupees Thirty thousand only) each with three sureties each for the like sum each to the satisfaction of the jurisdictional magistrate and subject to the following conditions.
(a) One of the sureties shall be a close relative of each of the petitioners.
(b) Petitioners shall report to the SHO, Hosdurg Police station of every Monday and Bail Appl. No.5071 of 2014 3 Saturday between 10.00 and 12.00 p.m., until otherwise ordered by the learned magistrate (until committal of the case if any and thereafter by the learned Principal Sessions Judge concerned).
(c) Petitioners shall not, until otherwise ordered by and except with the permission of the learned magistrate/Principal Sessions Judge as aforesaid (unless it is to attend any Court or other lawful authority as per order in writing) enter local limits of the Nileswaram Police station.
(d) Petitioners shall not get involved in any offence during the period of this bail.
(e) Petitioners shall not intimidate or influence the witnesses.
(f) In case any of condition nos.(b) to
(e) is violated, it is open to the investigating officer to file application before the learned Bail Appl. No.5071 of 2014 4 magistrate (until committal of the case if any, and thereafter before the learned Principal Sessions Judge concerned) for cancellation of the bail granted hereby, as held in P.K. Shaji V. State of Kerala (AIR 2006 SC 100).
Sd/-
THOMAS P. JOSEPH
JUDGE
/ True Copy /
NS P.A. To Judge