Kerala High Court
Bail Appl./9100/2016 of AJITH BABU Vs STATE OF KERALA on 30 December 2016
COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE A.M.BABU FRIDAY, THE 30TH DAY OF DECEMBER 2016/9TH POUSHA, 1938 Bail Appl..No. 9100 of 2016 () ------------------------------- CRIME NO. 1745/2016 OF KODUMON POLICE STATION , PATHANAMTITTA PETITIONER(S)/3RD ACCUSED:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.M.BABU
FRIDAY, THE 30TH DAY OF DECEMBER 2016/9TH POUSHA, 1938
Bail Appl..No. 9100 of 2016 () ------------------------------- CRIME NO. 1745/2016 OF KODUMON POLICE STATION , PATHANAMTITTA
PETITIONER(S)/3RD ACCUSED:------------------------- AJITH BABU AGED 23 YEARS, S/O.BABU, RESIDING AT THEKKINAL PATHALIL HOUSE, NADUVATHUKAVU, NADUVATHKAVU MURI, OMALLUR VILLAGE, PATHANAMTHITTA DISTRICT.
BY ADV. SRI.GEORGE ABRAHAM PACHAYIL
RESPONDENT(S)/COMPLAINANT:
--------------------------
STATE OF KERALA THROUGH THE KODUMAN POLICE STATION, PATHANAMTHITTA DISTRICT, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.682 031
R BY ADV.HRITHWIK,PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30-12-2016,THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.NO.9100 OF 2016
APPENDIX
PETITIONERS EXHIBITS
A1-CERTIFIED COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.1745/2016DATED 12.12.2016
A2-TRUE COPY OF THE ORDER CMP 6583/2016 IN CRIME NO.1745/2016 HAS BEENFILED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT AT ADOOR DATED14.12.2016
A3-TRUE COPY OF THE PERMANENT DISABILITY CERTIFICATE ISSUED BY STANDINGDISABILITY ASSESSMENT BOARD, GENERAL HOSPITAL AT PATHANAMTHITTA DATED22.7.2014.
RESPONDENTS EXHIBITS
NIL
TRUE COPY
SKS
P.A TO JUDGE
A.M.BABU, J.
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Dated 30[th] day of December, 2016
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ORDER
Petitioner is the third accused in crime no.1745/2016 of the Koduman police station. Altogether there are three accused persons. They are alleged to have committedoffences punishable under Secs 109, 308, 323 and 324 of theIPC read with IPC 34. Petitioner seeks bail under Sec.439 ofthe Cr.P.C.
2. The prosecution case is that at 10.25 p.m on 11.12.2016 the accused persons attacked the de factocomplainant and one Shibu and caused them injuries.
3. Heard the learned counsel for the petitioner andthe learned Public Prosecutor.
4. It appears that there was a political fight between the followers of two political parties. The fighters on bothsides sustained injuries. The case diary suggests that theinvestigation is almost complete. The petitioner has beeninterrogated. Recovery of weapons has been effected. The learned counsel for the petitioner submits that accused 1and 2 in the same crime case has been granted bail by thelearned Sessions Judge. The learned Public Prosecutor oninstructions submits that accused 1 and 2 were enlarged onbail. The petitioner is in custody since 13.12.2016. In theabove circumstances, it is not necessary to detain him incustody any more.
In the result, the application is allowed. The petitioner shall be released on bail on his executing a bond forRs.35,000/- with two solvent sureties for the like sum eachto the satisfaction of the Magistrate who has jurisdiction tocommit the case to the court of session. The petitioner shallco-operate with the investigation. He shall make himselfavailable for any further interrogation if so required by theinvestigating officer for a period of two months or till thefiling of the final report, whichever is earlier. The petitionershall not intimidate witnesses or try to influence them; norshall he destroy evidence or tamper with it. The petitioner shall refrain from involving himself in any offence of asimilar nature. The learned Magistrate/Sessions Judge ishereby empowered to cancel the bail in the event ofviolation of any of the conditions mentioned above.
sks/30.12.2016
A.M.BABU
Judge