IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 3291 of 2010()
1. SUBY S/O. KURIAN, AGED 25 YEARS,
... Petitioner
Vs
1. STATE OF KRALA, REPRESENTED BY PUBLIC
... Respondent
For Petitioner :SRI.RAJAGOPAL PADIPPURACKAL
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :10/06/2010
O R D E R
K.HEMA, J.
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B.A. No. 3291 of 2010
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Dated this the 10th day of June, 2010
O R D E R
Petition for bail.
2. The alleged offences are under Sections 143, 147, 148,
149, 324, 326, 427 and 294 of the Indian Penal Code. According
to prosecution, on 04.04.2010 at about 5 P.M., petitioner (A5)
along with 4 others formed themselves into an unlawful assembly
and wrongfully restrained de facto complainant and his friends,
who were travelling in a car and assaulted them and also caused
damage to the car and thereby committed various offences. Iron
rod was used for the offences.
3. Learned counsel for petitioner submitted that petitioner is
the 5th accused in the crime and he has not used any weapon,
even according to the prosecution. The allegation is that he had
beaten de facto complainant with hands and he is in custody for
the past 60 days, ever since the arrest was on 11.04.2010. This
petition is not opposed.
4. On hearing both sides, I am satisfied that bail can be
granted on conditions. Hence the following order is passed:
B.A. No. 3291 of 2010 2
Petitioner shall be released on bail on his
executing a bond for Rs.50,000/- with two solvent
sureties each for the like sum to the satisfaction of
the Magistrate Court concerned on the following
conditions:
i) Petitioner shall report before the
Investigating Officer on every Monday,
between 10 A.M. and 1 P.M., until further
orders.ii) Petitioner shall not enter the limits of the
police station within which the crime is
registered, except for compliance of
condition no.1, until further orders.iii) Petitioner shall not influence or intimidate
any witness or tamper with the evidence.iv) In case, petitioner is involved in any
similar offence, bail is liable to be
cancelled.
This petition is allowed.
K. HEMA, JUDGE
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