Kerala High Court
Bail Appl./8014/2008 of BINOJ Vs STATE OF KERALA on 30 December 2008
HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 30TH DECEMBER 2008 / 9TH POUSHA 1930 Bail Appl..No. 8014 of 2008() ------------------------------------ CRIME NO. 319/2008 OF KARAMANA POLICE STATION PETITIONERS/ACCUSED NOS.10 & 11:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE V.K.MOHANAN
TUESDAY, THE 30TH DECEMBER 2008 / 9TH POUSHA 1930
Bail Appl..No. 8014 of 2008()
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CRIME NO. 319/2008 OF KARAMANA POLICE STATION
PETITIONERS/ACCUSED NOS.10 & 11:
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1. BINOJ, S/O.MOHANAN NAIR, TC 23/745,
VALIYASALA WARD, THYCAUD,
THIRUVANANTHAPURAM.
2. DEEPU, S/O.MOHANAN, TC 22/85,
VATTAVILA, KURIYATHI WARD,
MANACAUD.
BY ADV. SMT.R.BINDU (SASTHAMANGALAM)
SRI. R. JAYAKRISHNAN
RESPONDENT/ STATE:
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STATE OF KERALA, REPRESENTED BY THE
PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY SRI. C.S. KAMMAPPU, PUBLIC PROSECTOR.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/12/2008 ALONG WITH B.A. NO.8017/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ALONG WITH B.A. NO.8017/2008, THE COURT ON THE SAME DAY PASSED THE
V. K.MOHANAN, J.
---------------------------------------------Bail Application Nos.8014 & 8017 of 2008 ----------------------------------------------Dated this the 30[th] day of December, 2008
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O R D E R
Bail Application No.8014 of 2008 is preferredby accused Nos.10 and 11 and the Bail ApplicationNo.8017 of 2008 is preferred by accused No.1 in crimeNo.319 of 2008 of Karamana Police Station.
2. The allegations against the petitioners inthe above case are, they have committed offencespunishable under Sections 143, 147, 148, 324, 307 readwith 149 of I.P.C. and Section 27 of Arms Act. Theaccused in the above case formed into an unlawfulassembly with deadly weapons like iron rod, chopper etc.assaulted defacto complainant in prosecution of commonobject of the assembly and caused injuries to him.Accused nos.1, 10 and 11 are in custody from 10.11.2008.
3. This court by order dated 12.12.2008 inBail Application No.7461 of 2008, bail was granted toaccused Nos.2 to 6, 8 and 9.
Considering the fact that bail was granted tothe other accused in the same crime and the petitionersin these bail applications are in custody from 10.11.2008,I am of the view that bail can be granted to thepetitioners herein also.
Hence, the following order is passed :
Petitioners shall be released on bail onexecuting bond for Rs.50,000/- each with twosolvent sureties each for like sum to thesatisfaction of the Magistrate courtconcerned on the following conditions :
(i) PetitionersshallreportbeforeInvestigating Officer on every alternateday between 10 a.m. and 1 p.m. untilfurther orders.Investigating Officer on every alternateday between 10 a.m. and 1 p.m. untilfurther orders.
(ii) Petitioners shall not leave the limits ofthe police station within which crime isregistered except with the priorpermission of the learned Magistrate.the police station within which crime isregistered except with the priorpermission of the learned Magistrate.
(iii) Petitioners shall not influence orintimidate any witness or commit anyoffence while on bail and in case ofbreach of this condition, bail is liable tobe cancelled. intimidate any witness or commit anyoffence while on bail and in case ofbreach of this condition, bail is liable tobe cancelled.
This application is allowed as above.
V.K.MOHANAN, JUDGE