2019 Supreme(Online)(KER) 33241
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
FRIDAY, THE 26TH DAY OF APRIL 2019 / 6TH VAISAKHA, 1941
Bail Appl..No. 2796 of 2019
CRIME NO. 91/2019 OF SHORNUR POLICE STATION, PALAKKAD
PETITIONER:
SANJAY V.P. @ SANJU,
AGED 25 YEARS
S/O.SUNDARAN, VATTAPARAMBIL HOUSE,
MANJAKKAD, SHOURNUR,
ONGALLUR-II, PALAKKAD.
BY ADVS. SRI.A.P.NIDHIN KUMAR
SMT.C.SEENA
RESPONDENT/COMPLAINANT:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM - 31,
REPRESENTING STATION HOUSE OFFICER,
SHOURNUR POLICE STATION, PALAKKAD DISTRICT.
SRI C K PRASAD PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26.04.2019,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No. 2796 of 2019
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Petitioner is the sole accused in Crime
No.91/2019 of Shournur Police Station, Palakkad
District for having allegedly committed offences
punishable under Sections 294(b), 326 & 341 of
IPC.
2.
The prosecution case is that on 22.02.2019
the petitioner had wrongfully restrained the de
facto complainant, abused him and hit him on his
face with a brick, resulting in loosing his tooth
and also sustained abrasions of his body.
3.
It is pertinent to note that even though
the incident had occurred on 22.02.2019, the FIS
was given only on 27.02.2019 and there is no
explanation regarding the delay forthcoming from
the de facto complainant. Even though it was a
grevious hurt sustained by the de facto
complainant by loosing his tooth, there are no
other serious corresponding injuries. Petitioner
has no criminal antecedents. He is willing to co-
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operate with the investigation. Hence, the
custodial interrogation of the petitioner may not
be necessary.
In the result, the bail application is allowed
on the following conditions:
1.In the event of the petitioner being
arrested, he shall be released on bail on
executing a bond for a sum of 50,000/-
₹
(Rupees fifty thousand only) with two
solvent sureties each for the like sum to
the satisfaction of the Investigating
Officer.
2. He shall appear before the Investigating
Officer on every Monday between 9.00 am
and 11.00 am for a period of three months
or till the filing of the final report,
whichever is earlier.
3. The petitioner shall co-operate with the
investigation.
4. He shall not try to intimidate or attempt
to influence the witnesses or in any way
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tamper with evidence.
If the petitioner violates any of the above
conditions, the prosecution is at liberty to
move for cancellation of the bail.
Sd/-
ASHOK MENON, JUDGE
Pn