Benny Chacko vs State Of Kerala Rep. By The Public on 22 May, 2009

Kerala High Court
Benny Chacko vs State Of Kerala Rep. By The Public on 22 May, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 2720 of 2009()


1. BENNY CHACKO, S/O CHACKO,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA REP. BY THE PUBLIC
                       ...       Respondent

2. THE CIRCLE INSPECTOR OF POLICE, ADIMALY.

                For Petitioner  :SRI.K.RAMAKUMAR (SR.)

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice K.T.SANKARAN

 Dated :22/05/2009

 O R D E R
                            K.T.SANKARAN, J.
               ------------------------------------------------------
                        B.A. NO. 2720 OF 2009 B
               ------------------------------------------------------
                     Dated this the 22nd May, 2009


                                 O R D E R

This is an application for bail under Section 439 of the Code of

Criminal Procedure. The petitioner is accused No.3 in Crime No.378 of

2008 of the Adimaly Police Station.

2. The offence alleged against the petitioner are under Sections

143, 147, 148, 115,323, 324, 307 and 427 read with Section 149 of the

Indian Penal Code.

3. The prosecution case is that the petitioner along with the other

accused persons attempted to murder the de facto complainant. It is

stated that the de facto complainant was pulled down from the jeep and

was manhandled by the accused persons. The de facto complainant

sustained serious injuries. The petitioner was arrested on 4.4.2009. The

second accused was granted bail by this Court, as per the order dated

28.4.2009 in B.A.No.2224 of 2009. The first accused and the fourth

accused are absconding. In the order granting bail to the second

accused, it is stated that considerable part of the investigation is over.

Learned counsel for the petitioner submitted that no overt act as such is

alleged against the petitioner.

B.A. NO. 2720 OF 2009

:: 2 ::

4. Taking into account the facts and circumstances of the case, the

duration of the judicial custody undergone by the petitioner, the nature of

the offence and the present stage of investigation, I am of the view that

bail can be granted to the petitioner.

5. The petitioner shall be released on bail on his executing bond

for Rs.50,000/- with two solvent sureties for the like amount to the

satisfaction of the Judicial Magistrate of the First Class, Adimaly, subject

to the following conditions:

a) The petitioner shall report before the investigating officer between 9

A.M. and 11 A.M. on all Mondays, till the final report is filed or

until further orders;

b) The petitioner shall appear before the investigating officer for

interrogation as and when required;

c) The petitioner shall not try to influence the prosecution witnesses or

tamper with the evidence;

d) The petitioner shall not commit any offence or indulge in any

prejudicial activity while on bail;

B.A. NO. 2720 OF 2009

:: 3 ::

e) The petitioner shall not enter into the limits of Adimaly Police

Station until further orders, except for the purpose of reporting to

the investigating officer.

f) In case of breach of any of the conditions mentioned above, the

bail shall be liable to be cancelled.

The Bail Application is allowed as above.

(K.T.SANKARAN)
Judge

ahz/

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