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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

2

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-

3

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

4

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

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