Shaiju. N.S vs State Of Kerala on 6 February, 2020

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Kerala High Court

Shaiju. N.S vs State Of Kerala on 6 February, 2020

Bench: P.B.Suresh Kumar

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

           THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

    THURSDAY, THE 06TH DAY OF FEBRUARY 2020 / 17TH MAGHA, 1947

                      Bail Appl..No.634 OF 2020

  CRIME NO.11/2020 OF POOVAR POLICE STATION, THIRUVANANTHAPURAM


PETITIONER/ACCUSED:

             SHAIJU. N.S.
             AGED 40 YEARS
             S/O. NESSAMONY, S.S.BHAVAN,
             KARAICKAVILA VEEDU, THIRUPURAM P.O.,
             NEYYATTINKARA TALUK

             BY ADVS.
             SRI.G.SUDHEER
             SRI.HARIKRISHNAN

RESPONDENT/COMPLAINANT:

             STATE OF KERALA
             REPRESENTED BY THE PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA, ERNAKULAM, KOCHI - 682 031.

             SRI.JAYASURYA.B, PUBLIC PROSECUTOR

     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION           ON
06.02.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Bail Appl..No.634 OF 2020

                                         2




                    Bail Application No.634 of 2020

                   ----------------------------------------------

                                 ORDER

This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure.

2. The petitioner is the sole accused in Crime No.11 of 2020 of Poovar Police Station registered for offences punishable under Sections 341, 294(b) and 323 of the Indian Penal Code and Section 75 of the Juvenile Justice (Care and Protection of Children) Act. The petitioner is the President of the Parent Teacher Association of the school, where the victim boy is pursuing his studies. The prosecution case is that on 04.01.2020 at about 04.45 pm, due to political rivalry, the accused assaulted the victim boy on the street near the school.

3. Heard the learned counsel for the petitioner as also the learned Public Prosecutor.

4. It is seen that the offences attributed against the accused except the offence punishable under Section 75 of the Juvenile Justice (Care and Protection of Children) Act are bailable. Section 75 of the said statute, prima facie does not seem to apply to the case on hand as the petitioner is not one among the persons referred to in the said section. In the said view of the matter, I am Bail Appl..No.634 OF 2020 3 inclined to grant anticipatory bail to the petitioner on the following conditions:

i) The petitioner shall make himself available for interrogation before the Investigating Officer within ten days from today. He shall also make himself available for interrogation before the Investigating Officer as and when directed by the Investigating Officer in writing to do so;

ii) If the petitioner is arrested prior to, or after his appearance before the Investigating Officer in terms of this order, he shall be released from custody on execution of a bond for Rs.25,000/- with two sureties each for the like sum.

(iii) The petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence of the prosecution.

iv) The petitioner shall not involve in any other offence while on bail.

Sd/-

P.B.SURESH KUMAR, JUDGE.

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