Kerala High Court
Bail Appl./9337/2019 of RIJO XAVY Vs STATE OF KERALA on 31 December 2019
COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ASHOK MENON TUESDAY, THE 31ST DAY OF DECEMBER 2019 / 10TH POUSHA, 1941 Bail Appl..No.9337 OF 2019 CRIME NO.2307/2019 OF Kothamangalam Police Station , Ernakulam APPLICANTS/ACCUSED PERSONS: 1 RIJO XAVY, AGED 27 YEARS, S/O. XAVY,
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
TUESDAY, THE 31ST DAY OF DECEMBER 2019 / 10TH POUSHA, 1941
Bail Appl..No.9337 OF 2019
CRIME NO.2307/2019 OF Kothamangalam Police Station , Ernakulam APPLICANTS/ACCUSED PERSONS:
1RIJO XAVY,AGED 27 YEARS,S/O. XAVY, PINNGATTIL HOUSE, ANGADI KARA, KOTHAMANGALAM, ERNAKULAM.
2AKHIL SALIN,AGED 24 YEARS,MADIYOOR KARA, PALLARIMANGALAM P. O., PALLARIMANGALAM VILLAGE, KOTHAMANGALAM,ERNAKULAM - 686671.
S/O. SALIN, CHAKKALAKUDY HOUSE, KUDAMUNDA BHAGAM, 3ARJUN SASI,AGED 23 YEARS,S/O. SASI, KUNNUMPURATH HOUSE, KUDAMUNDA BHAGAM, MADIYOOR KARA, PALLARIMANGALAM P. O., PALLARIMANGALAM VILLAGE, KOTHAMANGALAM, ERNAKULAM - 686671.
S/O. SASI, KUNNUMPURATH HOUSE, KUDAMUNDA BHAGAM, BY ADVS.SRI.P.M.RAFIQSRI.M.REVIKRISHNANSRI.V.C.SARATHSRI.VIPIN NARAYANSRI.THOMAS J.ANAKKALLUNKALSRI.AJEESH K.SASISMT.POOJA PANKAJSRUTHY N. BHAT
RESPONDENT/COMPLAINANT:
STATE OF KERALAREPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.
SMT.SREEJA.V., PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON31.12.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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ORDER
Dated this the 31st day of December 2019
The petitioners 1 to 3 are respectively A5, A2 and A3 incrime No.2307 of 2019 of Kothamangalam Police Station forhaving allegedly committed offences punishable under Sections341, 323, 324, 308 read with Section 34 of the IPC.
2. The alleged offence took place on 12.12.2019 as a resultof a road rage between two groups of persons. The specificallegation is that the 1[st] accused attempted to hit the defactocomplainant with a helmet, which he evaded and had the helmethit, he would have sustained fatal injuries resulting in his death.The petitioners do not have any criminal antecedents and theyare willing to co-operate with the investigation. Custodialinterrogation and recovery of any material objects is not foundessential.
Under the circumstances, the petition is allowed and in theevent the petitioners being arrested, they shall be released on bailon execution of bond for Rs.50,000/- (Rupees fifty thousand only)each with two solvent sureties to the like amount each to the satisfaction of the Investigating Officer. They shall appear beforethe investigating officer as and when called for. They shall notattempt to intimidate or influence witnesses.
sru
Sd/-
ASHOK MENONJUDGE