Kerala High Court
Bail Appl./9109/2016 of SURESH.K.V. 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. 9109 of 2016 () ------------------------------- IN CMP 10386/2016 of J.M.F.C.-I,HOSDRUG DATED 13-12-2016 CRIME NO. 495/2016 OF HOSDURG POLICE STATION ,
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. 9109 of 2016 ()
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IN CMP 10386/2016 of J.M.F.C.-I,HOSDRUG DATED 13-12-2016CRIME NO. 495/2016 OF HOSDURG POLICE STATION , KASARGOD
PETITIONER(S)/ACCUSED NOS.2 AND 4:
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1. SURESH.K.V. @ SURESH AGED 36 YEARS, S/O. KANNAN, KEEKKADAVAN, VELLIKOTH, AJANUR VILLAGE, HOSDURG TALUK. AGED 36 YEARS, S/O. KANNAN, KEEKKADAVAN, VELLIKOTH, AJANUR VILLAGE, HOSDURG TALUK.
2. BIJU P @ POTHAN BIJU
AGED 35 YEARS, S/O BALAN P., VEENANCHERI HOSUE, VELLIKKOTH, AJANUR VILLAGE, HOSDURG TALUK.
BY ADV. SRI.A.ARUNKUMAR
RESPONDENT(S)/COMPLAINANT AND STATE:------------------------------------
1. STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031. HIGH COURT OF KERALA, ERNAKULAM-682031.
2. THE STATION HOUSE OFFICER (CRIME NO.495/2016 OF HOSDURG POLICE STATION, KASARAGOD DISTRICT) 671 315. (CRIME NO.495/2016 OF HOSDURG POLICE STATION, KASARAGOD DISTRICT) 671 315.
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:
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A.M.BABU, J.
- - - - - - - - - - - - - - - - - - - - - - - - - - B.A.No.9109 of 2016
- - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30[th] day of December, 2016
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O R D E R
Petitioners are accused 2 and 4 in crime no.495/2016 of theHosdurg police station. There are altogether six accused persons.They are alleged to have committed offences punishable undersections 143, 147, 148, 435, 436 and 451 of the IPC read with IPC149.
2. The prosecution case goes as follows: At around 11 in thenight on 19.05.2016 the accused persons formed themselves intoan unlawful assembly. They rioted arming themselves with deadlyweapons. They committed criminal trespass and set ablaze atailoring shop causing a loss to its owner to the tune of Rs.1.5lakhs.
3. Heard the learned counsel for the petitioners and thelearned Public Prosecutor.
4. The incident occurred in the dead of a night. There is noeyewitness. It is said that the accused persons could be locatedduring the course of investigation. The petitioners are in custody since 05.12.2016. They have been interrogated. Investigation is notcomplete only because a few accused persons have not yet beenapprehended. Continued custody of the petitioners does not appear tobe necessary. The 1[st] accused in the case was granted regular bail bythis Court as per the order in B.A.No.5107/2016. The learned counselfor the petitioner handed over to me a copy of the said order. Thesame shall be filed in the file of this case. I do not see any reason whythe petitioners should be denied regular bail.
In the result, the application is allowed. The petitioners shall be released on bail on their executing bonds for Rs.50,000/- (fiftythousand only) each with two solvent sureties for the like sumeach to the satisfaction of the Magistrate having jurisdiction tocommit the case to the court of session. The petitioners shall co-operate with the investigation. They shall make themselvesavailable for further interrogation as and when required by theinvestigating officer. The petitioners shall report to theinvestigating officer between 10 am and 11 am on every Mondayfor a period of two months or till the filing of the final report,whichever is earlier. The petitioners shall not intimidatewitnesses or try to influence them. The petitioners shall not B.A..No.9109 of 2016
destroy evidence or tamper with it. The learned Magistrate ishereby empowered to cancel the bail in the event of violation ofany of the conditions mentioned above.
Sd/-A.M.BABU, JUDGE
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//True Copy//P.A. to Judge