IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 3277 of 2010()
1. RAJESH, AGED 25 YEARS,
... Petitioner
2. VIKESH VIJAYAN, AGED 25 YEARS,
3. SUNIL KUMAR, AGED 22 YEARS,
4. ABHILASH, AGED 22 YEARS,
5. RAJESH, AGED 23 YEARS,
Vs
1. STATE OF KERALA,
... Respondent
2. THE SUB INSPECTOR OF POLICE,
For Petitioner :SRI.G.P.SHINOD
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :07/07/2010
O R D E R
K.HEMA, J.
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B.A. No. 3277 of 2010
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Dated this the 7th day of June, 2010
O R D E R
This petition is for anticipatory bail.
2. The alleged offences are under Sections 143, 147, 148,
149, 452, 323 and 324 of the Indian Penal Code. According to
prosecution, petitioners(accused nos. 1 to 5) formed themselves
into an unlawful assembly and committed house trespass into the
house of the de facto complainant and assaulted de facto
complainant and thereby committed the various offences. Stone
was used for the commission of the offences.
3. Learned counsel for petitioners submitted that there was a
scuffle between de facto complainant and his brother in their
house. Petitioner went to the house and intervened in the quarrel
but the petitioners are implicated as an accused. Petitioners are
neighbours of the de facto complainant. Petitioners were prepared
to appear before the investigating officer and explained their
innocence and this court directed them to appear before the
investigating officer and they were also questioned.
B.A. No. 3277 / 2010 2
4. Learned Public Prosecutor submitted that petitioners were
questioned by the investigating officer when they appeared before
them under the directions from this court. He also submitted that
stones allegedly used for the offences are already seized. This
petition is not opposed.
5. On hearing both sides, I am satisfied that petitioners can
be granted anticipatory bail on the conditions. Hence, the following
order is passed:
1. Petitioners shall, in the event of their arrest
be released on bail on their executing
bond for Rs. 10,000/- with two solvent
sureties each for the like sum to the
satisfaction of the arresting officer on the
following conditions:
i). Petitioners shall report before
the investigating officer as and
when directed and co-operate
with the investigation.
ii). Petitioners shall not influence or
intimidate any witness or tamper
with the evidence.
2). This order will be in force only for a period
of 15 days from today and the petitioners
shall seek regular bail from the court
concerned within such time.
This petition is allowed.
K. HEMA, JUDGE
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