Kerala High Court
Bail Appl./8769/2016 of JEREESH 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. 8769 of 2016 () ------------------------------- AGAINST THE ORDER IN CRMP 7577/2016 of JUDICIAL FIRST CLASS MAGISTRATE COURT,KUNNAMKULAM CRIME NO.
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. 8769 of 2016 () ------------------------------- AGAINST THE ORDER IN CRMP 7577/2016 of JUDICIAL FIRST CLASSMAGISTRATE COURT,KUNNAMKULAM CRIME NO. 1864/2016 OF KUNNAMKULAM POLICE STATION, TRISSUR
PETITIONER/A1:--------------
JEREESH, AGE 31, S/O. CHERIYAN, PAZHUNNANA HOUSE, THEKKE ANGADI DESAM, KUNNAMKULAM VILLAGE, THRISSUR DISTRICT.
THEKKE ANGADI DESAM, KUNNAMKULAM VILLAGE, BY ADV. SRI.SHAJIN S.HAMEED
RESPONDENT/STATE:-----------------
STATE OF KERALA, REPRESENTED THROUGH THE SUB INSPECTOR OF POLICE, KUNNAMKULAM, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SRI. ALEX M. THOMBRA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30-12-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
JJJ
A.M. BABU, J.
------------------------------------------ B.A No. 8769 of 2016 (A)------------------------------------------Dated: 30[th] December, 2016
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O R D E R
Petitioner is the first accused in crime no.1864/2016 of Kunnamkulam police station.Altogether there are nine accused persons. It is allegedthat they committed offences punishable under sections143, 147, 148, 308, 323, 324, 326 and 452 of the IPCr/w IPC 149.
2. The prosecution case is that at 1 O'clock in the night on 03.07.2016 the accused persons formedthemselves into an unlawful assembly, rioted armingthemselves with deadly weapons and attacked the defacto complainant and two of his friends with iron pipes,sword etc.
3. Heard the learned counsel for the petitioner.Heard the learned Public Prosecutor too.
4. There are serious allegations against thepetitioner. There are materials available in the casediary against him. However, I am inclined to grant himbail under section 439 of the Cr.P.C for the followingreasons. The final report has been filed on 26.11.2016.Accused 2 to 9 have already been enlarged on bail. Asper the order of this Court in B.A. No.6051/2016,accused 2 to 6 were granted bail. A copy of the saidorder is Annex-B. It is submitted that the learnedSessions Judge has granted bail to the other accusedpersons. The petitioner is in custody since 24.11.2016.His continued custody is not necessary, particularlysince the final report has already been filed.
There are serious allegations against the B.A No. 8769/2016
In the result the application is allowed. The petitioner shall be released on bail on his executing abond for Rs.50,000/- (fifty thousand only) with twosolvent sureties for the like sum each to the satisfactionof the learned Magistrate who is having jurisdiction tocommit the case to the court of session. The petitionershall not involve in any offence of a similar nature whilehe is on bail. The learned Magistrate/Sessions Judge ishereby empowered to cancel the bail if the abovecondition is violated by the petitioner.
Sd/-A.M. BABU, JUDGE
jjj 30/12/16