High Court Kerala High Court

Rajesh vs State Of Kerala on 7 July, 2010

Kerala High Court
Rajesh vs State Of Kerala on 7 July, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 3277 of 2010()


1. RAJESH, AGED 25 YEARS,
                      ...  Petitioner
2. VIKESH VIJAYAN, AGED 25 YEARS,
3. SUNIL KUMAR, AGED 22 YEARS,
4. ABHILASH, AGED 22 YEARS,
5. RAJESH, AGED 23 YEARS,

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

2. THE SUB INSPECTOR OF POLICE,

                For Petitioner  :SRI.G.P.SHINOD

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MRS. Justice K.HEMA

 Dated :07/07/2010

 O R D E R
                                K.HEMA, J.
                            ------------------
                        B.A. No. 3277 of 2010
                  ------------------------------------
                 Dated this the 7th day of June, 2010

                                O R D E R

This petition is for anticipatory bail.

2. The alleged offences are under Sections 143, 147, 148,

149, 452, 323 and 324 of the Indian Penal Code. According to

prosecution, petitioners(accused nos. 1 to 5) formed themselves

into an unlawful assembly and committed house trespass into the

house of the de facto complainant and assaulted de facto

complainant and thereby committed the various offences. Stone

was used for the commission of the offences.

3. Learned counsel for petitioners submitted that there was a

scuffle between de facto complainant and his brother in their

house. Petitioner went to the house and intervened in the quarrel

but the petitioners are implicated as an accused. Petitioners are

neighbours of the de facto complainant. Petitioners were prepared

to appear before the investigating officer and explained their

innocence and this court directed them to appear before the

investigating officer and they were also questioned.

B.A. No. 3277 / 2010 2

4. Learned Public Prosecutor submitted that petitioners were

questioned by the investigating officer when they appeared before

them under the directions from this court. He also submitted that

stones allegedly used for the offences are already seized. This

petition is not opposed.

5. On hearing both sides, I am satisfied that petitioners can

be granted anticipatory bail on the conditions. Hence, the following

order is passed:

1. Petitioners shall, in the event of their arrest

be released on bail on their executing

bond for Rs. 10,000/- with two solvent

sureties each for the like sum to the

satisfaction of the arresting officer on the

following conditions:

i). Petitioners shall report before
the investigating officer as and
when directed and co-operate
with the investigation.

ii). Petitioners shall not influence or
intimidate any witness or tamper
with the evidence.

2). This order will be in force only for a period
of 15 days from today and the petitioners
shall seek regular bail from the court
concerned within such time.

This petition is allowed.

K. HEMA, JUDGE
ln