IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 4976 of 2010()
1. RETHEESH, S/O.SASIDHARAN,
... Petitioner
2. ANEESH, S/O.MOHANAN,
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.BIJU .C. ABRAHAM
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice P.BHAVADASAN
Dated :27/08/2010
O R D E R
P. BHAVADASAN, J.
- - - - - - - - - - - - - - - - - - - - - - - - - - -
B.A. No. 4976 of 2010
- - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Dated this the 27th day of August, 2010
ORDER
This is a petition filed under Section 439 of
Criminal Procedure Code seeking bail.
2. Petitioners are the accused in Crime No.418
of 2010 of Kumily Police Station for having committed
the offences punishable under Sections 308 and 324
read with Section 34 of the Indian Penal Code. The
allegation is that on 25.7.2010 at about 4.30 p.m. the
second accused attempted to attack the cousin of the
defacto complainant. Seeing this, the defacto
complainant tried to prevent them from doing so.
Further attacks were alleged to have been made by the
petitioners on the victim. Petitioners were arrested on
2.8.2010 and since then they have been in custody. Bail
application moved before JFCM-II, Peermade was
dismissed by the said court. Petitioners claimed that
B.A.4976/2010. 2
they are totally innocent and they have been falsely
implicated. It is also pointed out that their continued
custody is not necessary. They therefore seek bail.
3. Learned Public Prosecutor opposes the petition.
It is pointed out that the investigation is not yet complete.
4. The petitioners are in custody from 2.8.2010.
Considering the nature of the crime and the role of the
petitioners in the incident, it is felt that their continued
custody is unnecessary. Major part of the investigation must
have been over.
Therefore, this application is allowed as follows:
1) Petitioners shall be released on bail on each of
them executing a bond for Rs.15,000/- (Rupees Fifteen
Thousand only) with two solvent sureties each for the like
sum each to the satisfaction of JFCM-II, Peermade.
2) Petitioners shall report before the investigating
B.A.4976/2010. 3
officer on every Thursday between 10 a.m. and 11 a.m. till
final report is laid.
3) Petitioners shall not tamper or attempt to
tamper with the evidence or influence or try to influence the
witnesses.
P. BHAVADASAN,
JUDGE
sb.