IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 1533 of 2010()
1. JOSHY,S/O.OORUPARAMBIL SUBRAMANIAN,
... Petitioner
2. SURESH @ SURESHKUMAR, S/O.KONNACHAN
3. VAISAKH, SON OF MOOKKOLA VEETIL VINODE,
4. KANNAN, S/O.THEKKEPPATT VETTIL KARAPPU,
5. KUTTAN @ RAJESH, S/O.THOOMATT VEETTIL
Vs
1. STATE OF KERALA REPRESENTED BY
... Respondent
For Petitioner :SRI.RAJIT
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :31/03/2010
O R D E R
K.T.SANKARAN, J.
------------------------------------------------------
B.A. NO. 1533 OF 2010
------------------------------------------------------
Dated this the 31st day of March, 2010
O R D E R
This is an application for bail under Section 439 of the Code of
Criminal Procedure. The petitioners are accused Nos.1, 2, 4, 5 and
6 in Crime No.47 of 2010 of Pavaratty Police Station, Thrissur
District.
2. The offences alleged against the petitioners are under
Sections 143, 147, 148, 447, 324, 506(ii), 326 and 308 read with
Section 149 of the Indian Penal Code.
3. The prosecution case is that on 24.1.2010, the accused
persons attacked the uncle of the de facto complainant with deadly
weapons and he sustained grievous hurt including three fractures.
He was subjected to a surgery. The First Information Statement was
given by the nephew of the victim as the victim was admitted in the
Intensive Care Unit of the hospital. The motive for the attack was
that the injured had reported to the police about certain illegal
activities of the accused.
B.A. NO. 1533 OF 2010
:: 2 ::
4. The petitioners were arrested on 4.3.2010 and they were
remanded to judicial custody.
5. Taking into account the facts and circumstances of the
case, the duration of the judicial custody undergone by the
petitioners, the nature of the offence and the present stage of
investigation, I am of the view that bail can be granted to the
petitioners on stringent conditions.
6. The petitioners shall be released on bail on their executing
bond for Rs.25,000/- each with two solvent sureties for the like
amount to the satisfaction of the Judicial Magistrate of the First
Class, Chavakkad, subject to the following conditions:
a) The petitioners shall report before the
investigating officer between 9 A.M. and 11
A.M. on all Mondays and Thursdays for a period
of two months and thereafter, on all Mondays, till
the final report is filed or until further orders;
b) The petitioners shall appear before the
investigating officer for interrogation as and
when required;
B.A. NO. 1533 OF 2010
:: 3 ::
c) The petitioners shall not try to influence the
prosecution witnesses or tamper with the
evidence;
d) The petitioners shall not commit any offence or
indulge in any prejudicial activity while on bail;
e) 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/