High Court Kerala High Court

Dinesan vs Sub Inspector Of Police on 7 November, 2008

Kerala High Court
Dinesan vs Sub Inspector Of Police on 7 November, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 6760 of 2008()


1. DINESAN, S/O.KELAPPAN, VELAYAN CHALIL
                      ...  Petitioner
2. MANI, S/O.SREEDHARAN,
3. SURESH, S/O.VELLAN, CHEENIKKAL HOUSE,

                        Vs



1. SUB INSPECTOR OF POLICE,
                       ...       Respondent

2. STATE OF KERALA, REPRESENTED BY PUBLIC

                For Petitioner  :SRI.P.V.KUNHIKRISHNAN

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MRS. Justice K.HEMA

 Dated :07/11/2008

 O R D E R
                             K.HEMA, J.
                  ---------------------------------------------
                         B.A.No.6760 of 2008
                  ---------------------------------------------
                Dated this the 7th November, 2008


                                O R D E R

This petition is for bail.

2. The alleged offences are under Sections 143, 147,

148, 341, 323, 324, 326 and 308 read with Section 149 IPC.

According to prosecution, petitioners who are accused nos.1, 2

and 4 along with other accused formed into an unlawful

assembly and assaulted defacto complainant. Granite stone was

used and he sustained a fracture.

3. Petitioners were arrested on 24.10.2008 and they are

in custody since then. Learned counsel for petitioners submitted

that the injury sustained is only a hairline fracture below the eye.

As per the allegations, one of the accused attempted to hit the

defacto complainant with stone and he evaded the hit and

hence, it did not strike him. If it had hit him, he would have

died.

4. Learned public prosecutor submitted that he has no

objection in granting bail on conditions.

Hence, bail is granted to the petitioners on the following

BA No.6760 /2008 2

terms and conditions:

(i) Petitioners shall execute bond for Rs.50,000/- each

with two solvent sureties each for the like sum to the

satisfaction of Magistrate Court concerned.

(ii) Petitioners shall report before the Investigating

Officer on every Monday and Thursday between 10

a.m. and 1 p.m. until further orders.

(iii) Petitioners shall not influence or intimidate any

witness or commit any offence while on bail and in

case of breach of this condition, bail is liable to be

cancelled.

The petition is allowed.

K.HEMA, JUDGE

csl