High Court Kerala High Court

Promod vs State Of Kerala on 2 July, 2009

Kerala High Court
Promod vs State Of Kerala on 2 July, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 3449 of 2009()


1. PROMOD, S/O. VIDHYADHARAN,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED VIA
                       ...       Respondent

                For Petitioner  :SRI.R.GOPAN

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :02/07/2009

 O R D E R
                    M. SASIDHARAN NAMBIAR, J.
             - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
                          B.A. No. 3449 OF 2009
             - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
                  Dated this the 2nd day of July, 2009

                                   O R D E R

Petitioner is the 2nd accused in Crime No.742 of 2008 of

Neyyattinkara Police Station. He was arrested on 26.04.09 and

since then he is in custody. Prosecution case is that, on 19.12.08 at

about 7.20 p.m., while the defacto complainant was returning in his

motor cycle along with his friend as a pillion rider, in furtherance of

the common intention to cause death of the pillion rider, Dileep,

petitioner and other accused inflicted injuries by beating him with iron

rod and thereby committed offences under Sections 342, 323, 324,

307 r/w Section 34 IPC. Though petitioner filed Cr.M.C No.819/2009

for bail under Section 439 of Cr.P.C, learned Sessions Judge,

Thiruvananthapuram dismissed it under Annexure A order on

09.06.09 stating that as the case is under investigation, it is too early

to release him. Learned counsel appearing for the petitioner

submitted that as petitioner has been in custody from 26.04.09

onwards, he may be granted bail. Learned Public Prosecutor did not

object to the granting of bail but submitted that sufficient conditions

be imposed.

B.A No.3449/09.

-:2:-

2. Considering the fact that petitioner has been in custody

since 26.04.09 and further custody of the petitioner is not necessary

for the purpose of investigation, in the interest of justice petitioner is

to be granted bail on sufficient conditions.

Release the petitioner on bail, on executing a bond for

Rs.15,000/-(Rupees Fifteen thousand only) with two solvent sureties

each for the like sum to the satisfaction of Judicial First Class

Magistrate Court-I, Neyyattinkara on the following conditions:

i. Petitioner shall not intimidate or threaten any

witness and shall not interfere with the investigation.

ii. Petitioner shall appear before the Investigating

Officer on every Friday between 10 a.m. And 1 p.m. and

shall make him available for interrogation as and when

required.

iii. Petitioner shall not leave the jurisdiction of the

learned Magistrate without permission.

M. SASIDHARAN NAMBIAR,
JUDGE

ttb