Kerala High Court
Bail Appl./10669/2011 of VISHNU AND ANOTHER Vs THE STATE OF KERALA on 30 December 2011
HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 30TH DECEMBER 2011 / 9TH POUSHA 1933 Bail Appl..No. 10669 of 2011( A ) --------------------------------- (IN CRIME NO.2110/2011 OF PERUMBAVOOR POLICE STATON, WHICH IS ON THE FILE OF JUDICIAL FIRST
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN
FRIDAY, THE 30TH DECEMBER 2011 / 9TH POUSHA 1933
Bail Appl..No. 10669 of 2011(A)
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(IN CRIME NO.2110/2011 OF PERUMBAVOOR POLICE STATON, WHICH IS ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, PERUMBAVOOR)
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PETITIONER(S)/ACCUSED NO.1&4 :
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1. VISHNU, AGED 20 YEARS, S/O.RAMESAN,KARAVATTU HOUSE, ALLAPRA KARA, VENGOLA,KUNNATHUNADU TALUK.
2. NITHIN, AGED 21 YEARS, S/O.SASI,SHIMO NIVAS (VELLAMPILLY HOUSE), ALLAPRA KARA,VENGOLA, KUNNATHUNADU TALUK.
BY ADV. SRI.K.SUNILKUMAR
RESPONDENT(S): COMPLAINANT :
------------------------------------------------ STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM.
BY SRI.R.RANJITH, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVE COME UP FOR ADMISSION
ON 30/12/2011, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
P.S.GOPINATHAN, J
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B.A. NO.10669 OF 2011
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Dated this the 30[th] day of December, 2011.
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O R D E R
Petitioners, who are accused 1 and 4 in CrimeNo.2110/2011 of Perumbavoor Police Station for offences punishableunder Sections 143, 147, 323, 341, 427 and 452 and r/w Section 149IPC, apprehending arrest, detention and torture at the hands of theInvestigation Officer filed this petition under Section 438 of the Codeof Criminal Procedure, seeking an order directing the respondent torelease the petitioners on bail in the event of arrest with a plea that theywere falsely implicated.2. Having heard either side, it does not appear that thepetitioners were falsely implicated, but on sufficient material. It is acase of house trespass, mischief and assault. Therefore, this is not a fitcase to invoke jurisdiction under Section 438 of the Code of CriminalProcedure. However, taking note that the defacto complainant hassustained only simple injuries and that the damage assessed is onlyRs.2,000/-, this petition is disposed of with direction to the petitionersto deposit Rs.5,000/- before the JFCM-I, Perumbavoor and to surrender B.A. NO.10669 OF 2011 2
before theInvestigating Officer, who, after interrogation and onsatisfying the deposit as above, shall release the petitioners on bail onexecuting bond for Rs.15,000/- with two solvent sureties each for thelike amount to his satisfaction on condition that the petitioners shallreport before the Investigating Officer as and when called up on. Theamount in deposit is liable to be disbursed on final disposal of the case.
P.S.GOPINATHAN,
JUDGE
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