High Court Kerala High Court

Bijish Aged 23 Years vs State Of Kerala Rep.By The Public on 15 May, 2009

Kerala High Court
Bijish Aged 23 Years vs State Of Kerala Rep.By The Public on 15 May, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 1777 of 2009()


1. BIJISH AGED 23 YEARS,S/O.BHASKARAN,
                      ...  Petitioner
2. RAJESH,S/O.BHASKARAN, MOOKANANGKULANGARA
3. KUTTAN,AGED 22 YEARS, S/O.VASU,
4. RAJU,AGED 24 YEARS, S/O.KUMARAN, POLIYAT
5. SHIJU,AGED 22 YEARS, S/O. KUMARAN,
6. RENJITH, AGED 20 YEARS, S/O.CHANDRAN,
7. SANTHOSH AGED 26 YEARS S/O.PADU,

                        Vs



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

                For Petitioner  :SRI.S.RAJEEV

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice P.S.GOPINATHAN

 Dated :15/05/2009

 O R D E R
                        P.S.GOPINATHAN, J.
           ======================================
                       B.A.No. 1777 of 2009
            ======================================
                Dated this the 15th day of May 2009

                              ORDER

The petitioners are accused in Crime No.104 of 2009 of

Vadakkekkad Police Station for the offences punishable under

Sections 143, 147, 341, 324, 308 and 427 read with Section

149 IPC. Apprehending arrest, detention and torture at the

hands of the investigating officer, they moved a petition under

Section 438 Cr.P.C. before the Sessions Judge, Thrissur, who by

Annexure-1 order dismissed the petition for the reason that

very serious injuries were caused to the de facto complainant

and the weapons are yet to be recovered.

2. Having heard either side, it is revealed that there is no

serious injuries, but only a lacerated injury. In the above

circumstances, I find that it would be appropriate to allow this

petition.

3. In the result, this petition is allowed. There would be a

direction to release the petitioners on bail, in the event of

arrest, on executing bail bond for Rs.25,000/- (Rupees Twenty

five thousand only) each to the satisfaction of the investigating

officer on the following conditions:-

i) The petitioners shall report before the

B.A.No.1777 of 2009 2

Investigating Officer as and when required by

him.

ii) The petitioners shall not directly or indirectly make

any inducement, threat or promise to any person

acquainted with the facts of the case so as to

dissuade them from disclosing such facts to the

Court or to any police officer.

P.S.GOPINATHAN, JUDGE

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