Ajayan vs State Of Kerala on 19 July, 2019

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Kerala High Court

Ajayan vs State Of Kerala on 19 July, 2019

Bench: B.Sudheendra Kumar

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

          THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR

   FRIDAY, THE 19TH DAY OF JULY 2019 / 28TH ASHADHA, 1941

                   Bail Appl..No.5150 of 2019

   CRIME NO.322/2019 OF Kattoor Police Station , Thrissur


PETITIONER/S:

      1       AJAYAN, AGED 48 YEARS
              S/O. VELAYUDHAN, , IVIKKAL HOUSE,
              KARALAM P.O., 680 711

      2       ROY
              AGED 49 YEARS, S/O. GEORGE, CHALAKKERY HOUSE,
              KARALAM P.O., 680 711.

      3       BABU,
              AGED 59 YEARS, S/O. CHATHU, THARAKKAL HOUSE,
              KARALAM P.O., 680 711.

      4       RAMADAS @ BABU,
              AGED 64 YEARS, S/O. NARAYANAN, KOTTILAPARA
              HOUSE,
              KARALAM P.O., 680 711.

      5       MANILAL,
              AGED 55 YEARS
              S/O. SANKARANKUTTY, KAIPAALATH HOUSE,
              KARALAM P.O., 680 711

              BY ADVS.
              SRI.VIPIN NARAYAN
              SRUTHY N. BHAT

RESPONDENT/S:
            STATE OF KERALA
            REPRESENTED BY PUBLIC PROSECUTOR,
            HIGH COURT OF KERALA ERNAKULAM 682 031.

OTHER PRESENT:
            SRI.C.S.HRITHWIK,PP

     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
19.07.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Bail Appl..No.5150 of 2019



                               -2-



                              ORDER

The petitioners are accused Nos. 3 to 7

in Crime No.322/2019 of Kattoor Police Station registered for the offences punishable under Sections 143, 147, 323, 353, 283 and 332 read with Section 149 IPC.

2. The petitioners have filed this application under Section 438 Cr.P.C.

3. Heard.

4. It appears that the incident in this case was on 23.4.2019 at about of 1.45 pm. The learned Public Prosecutor has submitted that the petitioners have no criminal antecedent. It has been further submitted by the learned Public Prosecutor that no external injury was sustained by any Bail Appl..No.5150 of 2019 -3- of the persons in the incident. No damage was also caused to the camera of the photographer concerned. It appears that no recovery is to be effected from the petitioners. The names of the petitioners were also not figured in the FIR. Considering the facts and circumstances of the case, I am of the view that the custodial interrogation of the petitioners is not necessary for the progress of the investigation of this case. That apart, the petitioners have no criminal antecedent. In the said circumstances, I am inclined to grant pre-arrest bail to the petitioners.

In the result, this bail application stands allowed and the respondent is Bail Appl..No.5150 of 2019 -4- directed to release the petitioners on bail in the event of their arrest in the above said crime, on condition of each of the petitioners executing a bond for Rs.35,000/- (Rupees thirty five thousand only) each, with two solvent sureties each, each for the like sum to the satisfaction of the Station House Officer concerned, before whom the petitioners shall surrender within ten days, if not arrested in the meantime and subject to the following further conditions:

(i) The petitioners shall report before the Investigating Officer on every Saturday between 9 a.m. and 11 a.m. for three months and thereafter, as and when required Bail Appl..No.5150 of 2019 -5- by the Investigating Officer for interrogation.

ii) The petitioners shall not intimidate or influence the witnesses or in any way tamper with the investigation.

Sd/-

B. SUDHEENDRA KUMAR, JUDGE STK //TRUE COPY// //P.A. TO JUDGE//

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