Allowed
Shaji v. State of Kerala
Kerala HCBail Appl./114/2016
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from the order text
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COURT OF KERALA AT ERNAKULAM PRESENT: THE…
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
TUESDAY, THE 12TH DAY OF JANUARY 2016/22ND POUSHA, 1937
Bail Appl..No. 114 of 2016 ()
CRIME NO. 3186/2015 OF CHENGANNUR POLICE STATION, ALAPPUZHA DISTRICT
PETITIONER/ACCUSED NOS.3 & 4 :
1. SHAJI, S/O.DAMODARAN,
AGED 47 YEARS, SHAJI BHAVANAM HOUSE CHERIYANADU WEST MURI, CHERIYANADU VILLAGE CHENGANNUR TALUK, ALAPPUZHA DISTRICT.
2. UNNIKRISHNAN AGED 47 YEARS, MOZHIYATTU HOUSE, CHERIYANADU WEST MURI, CHERIYANADU VILLAGE, CHENGANNUR TALUK, ALAPPUZHA DISTRICT.
BY ADV. SRI.K.JAYARAJ
RESPONDENT/COMPLAINANT :
STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE CHENGANNUR POLICE STATION, THROUGH PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM-682 031.
BY PUBLIC PROSECUTOR SRI. V.S. SREEJITH
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12-01-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Mn
SUNIL THOMAS, J
B.A.NO.114 OF 2016
Dated this the 12th day of January, 2016
O R D E R
The petitioners are the accused Nos.3 and 4 in Crime
No.3186 of 2015 of Chengannur Police Station for offences punishable under Sections 120B, 452, 324, 308 and 34 of Indian Penal Code.
previous enmity, the accused Nos. 1 and 2, at the instigation of accused Nos.3 and 4, trespassed into the house of the defacto complainant on 22.12.2015, at about
9.30 pm, and using an iron rod and chopper attacked the defacto complainant. It is alleged that, the first accused used a chopper and an injury was caused near the ear. Second accused had used an iron rod, causing an injury on the head. The petitioners herein were arrested on 23.12.2015 and they are in custody since then. They seek bail.
accused Nos. 1 and 2 have not yet been arrested.
B.A.NO.114 OF 2016 2
However, the allegation against the accused is comparatively minor. They have not trespassed into the house and have not used any weapon. Having considered
these facts, I feel that bail can be granted to them notwithstanding the fact that the other accused have not been arrested. Hence this petition is allowed as follows:
(i) They shall execute a bond for a sum of Rs.45,000/- (Rupees forty five thousand only) with two sureties for the like sum each to the satisfaction of the jurisdictional Magistrate.
ii) They shall appear before the Investigating Officer on every Wednesdays between 9.00 am and 10.00 am for a period of one month from the date of their release.
iii) They shall not threaten, coerce or intimidate
the witnesses.
sd/- SUNIL THOMAS, JUDGE.
R.AV
//True Copy//
PA to Judge
1 issue framed by the court
Whether bail can be granted to accused Nos. 3 and 4 who are in custody for offences including rioting and assault, despite allegations of enmity and injury caused to other accused.
Shaji
Unnikrishnan
State of Kerala
Sunil Thomas
As recorded by the court registry
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