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2019 Supreme(Online)(KER) 68424

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR

MONDAY, THE 03RD DAY OF JUNE 2019 / 13TH JYAISHTA, 1941

Bail Appl..No. 3568 of 2019

CRIME NO. 408/2019 OF Vatagara Police Station , Kozhikode

PETITIONER/2ND ACCUSED:

SHANIL

AGED 22 YEARS

S/O. ASHARAF, THATTARATH HOUSE,

VILLIAPPALLY P.O., VATAKARA, KOZHIKODE

BY ADV. SRI.M.R.SARIN

RESPONDENTS/COMPLAINANT:

1

STATE OF KERALA

REPRESENTED BY THE PUBLIC PROSECUTOR,

HIGH COURT OF KERALA,

ERNAKULAM, KOCHI-682 031

2

THE SUB INSPECTOR OF POLICE,

VATAKARA POLICE STATION, TRIVANDRUM,

REPRESENTED BY THE PUBLIC PROSECUTOR-695 001

SRI.C.S.HRITHWIK,PUBLIC PROSECUTOR

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03.06.2019,

THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

-2-

Bail Appl..No. 3568 of 2019

The petitioner is the 2nd

accused in Crime

No.408/2019 of Vatakara Police Station, registered for

the offences punishable under Sections 143, 147, 148,

341, 324 and 308 read with Section 149 IPC.

2.

The petitioner has filed this application under

Section 438 Cr.P.C.

3.

Heard.

4.

The learned Public Prosecutor has submitted

that the petitioner is not involved in any other offence. It

has been further submitted by the learned Public

Prosecutor that the petitioner did not use any weapon to

inflict any injury on the injured. No specific overt-act is

also alleged against the petitioner. Considering the facts

and circumstances of the case, I am of the view that the

custodial interrogation of the petitioner is not necessary

-3-

in this case, particularly when no recovery is to be

effected from the petitioner. That apart, the petitioner

has no criminal antecedent. In the said circumstances, I

am inclined to grant pre-arrest bail to the petitioner.

In the result, this bail application stands allowed

and the respondents are directed to release the

petitioner on bail in the event of his arrest in the above

said crime, on condition of the petitioner executing a

bond for Rs.35,000/- (Rupees thirty five thousand only),

with two solvent sureties, each for the like sum to the

satisfaction of the 2nd respondent, before whom the

petitioner shall surrender within ten days, if not arrested

in the meantime and subject to the following further

conditions:-

1. The petitioner shall report before the

Investigating Officer on every Monday

between 9.00 am and 11.00 am for one

month and thereafter, as and when

required by the Investigating Officer for

-4-

interrogation.

2. The petitioner shall not intimidate or

influence the witnesses or in any way

tamper with the investigation.

3. The petitioner shall not get involved in

similar offences during the pendency of

this case.

Sd/-

B.SUDHEENDRA KUMAR

JUDGE

Nkr/03.06.19

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