IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 1367 of 2010()
1. B.RAJESH @ RAJU, S/O.LATE BABU,
... Petitioner
2. P.K.MANIKANDAN @ MANI,
3. HAREESH.B., S/O.MADHAVAN, AGED 22 YEARS,
Vs
1. THE STATION HOUSE OFFICER,
... Respondent
For Petitioner :SRI.S.JIJI
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :15/03/2010
O R D E R
K.T.SANKARAN, J.
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B.A.Nos.1367 & 1369 of 2010
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Dated this the 15th day of March, 2010
O R D E R
These Bail Applications are filed under Section 439 of the
Code of Criminal Procedure in Crime Nos. 61 of 2010 and 847 of
2009 of Kasaragod Police Station.
2. In Bail Application No.1367 of 2010, the petitioners,
namely, B.Rajesh @ Raju, P.K.Manikandan @ Mani and
Hareesh.B. are accused Nos.1, 2 and 5 in Crime No.61 of 2010 of
Kasaragod Police Station. The offences alleged against them are
under Sections 143, 147, 148, 341, 324, 307 and 506(ii) read
with Section 149 of the Indian Penal Code. The date of
occurrence was on 18.1.2010. Accused Nos.1 and 2 were
arrested on 31.1.2010 and accused No.5 was arrested on
23.1.2010. It is alleged that the de facto complainant was
attacked by the accused persons on account of the fact that he
was an eye witness in Crime No.709 of 2008 of Kasaragod Police
Station.
3. Bail Application No.1369 of 2010 relates to Crime
No.847 of 2009 of Kasaragod Police Station. The petitioners,
P.K.Manikandan @ Mani and B.Rajesh @ Raju are respectively
BA Nos.1367 & 1369/2010 2
accused Nos.1 and 2. The offences alleged against them are
under Sections 143, 147, 148, 153A, 323, 324, 326 and 308 read
with Section 149 of the Indian Penal Code. The date of
occurrence was on 15.11.2009. The petitioners were arrested on
31.1.2010. The petitioners are in judicial custody in both the
cases from the last week of January onwards.
4. The learned Public Prosecutor submitted that Rajesh
@ Raju and Manikandan @ Mani are the accused in Crime
No.709 of 2008 of Kasaragod Police Station where the offence
alleged is under Section 302 of the Indian Penal Code.
Manikandan @ Mani is also an accused in Crime No.839 of 2009
of Kasaragod Police Station.
5. Heard the learned counsel for the petitioners and the
learned Public Prosecutor.
6. Taking into account the facts and circumstances of the
case, the duration of the judicial custody undergone by the
petitioners, the nature of the offence and the present stage of
investigation, I am of the view that bail can be granted to the
petitioners on stringent conditions.
The petitioners shall be released on bail on their executing
bond for Rs.50,000/- each in each case with two solvent sureties
BA Nos.1367 & 1369/2010 3
for the like amount to the satisfaction of the Judicial Magistrate
of the First Class-I, Kasaragod, subject to the following
conditions:
a) The petitioners shall report before the
investigating officer between 9 A.M. and 11
A.M. on all Mondays and Thursdays, till the
final report is filed or until further orders;
b) The petitioners shall appear before the
investigating officer for interrogation as and
when required;
c) The petitioners shall surrender their passports
before the Judicial Magistrate of the First
Class-I, Kasaragod within one week from today.
If any of the petitioners does not hold an Indian
passport, an affidavit sworn to by him to that
effect shall be filed before the learned
Magistrate within one week;
d) The petitioners shall not try to influence the
prosecution witnesses or tamper with the
evidence;
d) The petitioners shall not commit any offence or
indulge in any prejudicial activity while on bail;
e) In case of breach of any of the conditions
mentioned above, the bail shall be liable to be
cancelled.
The Bail Applications are allowed as above.
K.T.SANKARAN,
JUDGE
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