IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 3730 of 2010()
1. K.DINESHAN, S/O.BABU,
... Petitioner
2. RINEESH, S/O.CHUKRA,
3. M.MANOJ, S/O.NARAYANAN,
Vs
1. STATION HOUSE OFFICER,
... Respondent
For Petitioner :SRI.SURESH KUMAR KODOTH
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :21/06/2010
O R D E R
K.HEMA, J.
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Bail Application No.3730 of 2010
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Dated 21st June, 2010.
O R D E R
This petition is for bail.
2. The alleged offences are under Sections 143, 147,
148, 323, 324, 307 and 120B read with Section 149 of the Indian
Penal Code. According to prosecution, on 15.5.2010, at about 11
p.m., petitioners(accused nos.1 to 3) along with another assaulted
defacto complainant using knife, stone etc. and he sustained
serious injuries. The offences were committed in pursuance of a
conspiracy.
3. Learned counsel for petitioners submitted that
petitioners were not implicated as per the first information
statement. The name of four persons were referred to in the F.I.
statement, who are stated to be known to defacto complainant
and according to him, those persons had stabbed him and hit him
with stone etc. Petitioners’ names were not mentioned in the F.I.
statement and defacto complainant had no case that any persons
other than the five persons stated in the F.I. statement were
involved. Petitioners are subsequently brought to the array of
BA NO. 3730/10 2
accused. It is also submitted that one of the accused, who was
referred to in the F.I. statement was granted bail by this Court, as
per Annexure 2 order. Petitioners were arrested on 16.5.2010
and they are in custody for the past 36 days.
4. This petition is opposed. Learned Public Prosecutor
submitted that the role of 4th accused is different from the role of
the other accused. That is the reason why bail was granted to
him. But, as per the materials in the case diary, petitioners are
the persons who had assaulted defacto complainant.
5. On hearing both sides and on going through the
case diary, particularly the F.I. statement, I am inclined to grant
bail to petitioners on conditions. Hence, the following order is
passed :
Petitioners shall be released on bail on their executing
bond for Rs.50,000/- (Rupees fifty thousand only) each
with two solvent sureties each for the like sum to the
satisfaction of the court concerned, on the following
conditions :
(i) Petitioners shall report before the
BA NO. 3730/10 3
Investigating Officer on every Monday,
Wednesday and Saturday between 10 a.m.
and 1 p.m. until further orders.
(ii) Petitioners shall not enter the limits of the
police station, within which crime is
registered, except for compliance of
condition No.1.
(iii) Petitioners shall not influence or intimidate
any witness or tamper with evidence.
Petition is allowed.
K.HEMA, JUDGE.
tgs