Bail application for the eighth accused in a fatal injury case where other co-accused were already released. The High Court granted bail on security conditions.
Petitioner enlarged on bail worth Rs.40,000 with two solvent sureties each for the like sum subject to specific conditions of reporting and conduct.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
WEDNESDAY, THE 17TH DAY OF APRIL 2019 / 27TH CHAITHRA, 1941
Bail Appl..No. 2880 of 2019
AGAINST THE ORDER/JUDGMENT IN CRL.MC 751/2019 of DISTRICT COURT & SESSIONS COURT, ERNAKULAM DATED 10-04-2019
AGAINST THE ORDER/JUDGMENT IN CMP 1118/2019 IN CR.NO.347/2019 of JMFC, KAKKANAD (TEMPORARY)
CRIME NO. 347/2019 OF Thrikkakara Police Station , Ernakulam
PETITIONER/ACCUSED NO.8:
SHIHAB U.H., AGED 32 YEARS S/O.HAMSA, ULLAMPILLY HOUSE, KAKKANAD, THRIKKAKKARA P.O., KOCHI-682030.
BY ADV. SRI.BLAZE K.JOSE
RESPONDENTS/COMPLAINANT:
1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682031.
2 SUB INSPECTOR OF POLICE, THRIKKAKARA POLICE STATION, PIN-682030.
OTHER PRESENT:
PP-SRI.C.M KAMMAPPU
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17.04.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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O R D E R
Petitioner is the eighth accused in Crime
No.347/2019 of Thrikkakara Police Station. Vide order dated 11.04.2019, all the remaining accused were released on bail by this Court.
the accused persons in furtherance of common intention inflicted fatal injuries on the deceased, to which he succumbed at or about the very same day. Thereafter, the body was taken from the house of the first accused to the roadside and left abandoned.
All the accused were arrested on 13.03.2019. The fourth accused alone had used weapon to inflict fatal injuries on the deceased, which had been
BA No.2880/2019
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recovered. The contention of the petitioner-eighth accused is that this is not a pre-meditated act.
accused persons, including the one who has been attributed to the overt act, have been released on bail, I find that there is no necessity for further incarceration of the petitioner-eighth accused. Hence, he too is entitled to be released on bail.
allowed and the petitioner shall be enlarged on bail on condition of the petitioner executing a bond for Rs.40,000/- (Rupees forty thousand only) with two
solvent sureties each for the like sum to the
satisfaction of the Jurisdictional Magistrate and subject to the following conditions:
Investigating Officer on every Monday between 9
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thereafter, as and when required by the Investigating Officer for interrogation.
(2) The petitioner shall not get involved in any
other offence during the pendency of this case.
(3) The petitioner shall not intimidate or influence the witnesses or in any way tamper
with the investigation.
Sd/-
ASHOK MENON
JUDGE
jg
Shihab U.H.
State of Kerala
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
