Salmon v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.P.JYOTHINDRANATH TUESDAY, THE 29TH DAY OF DECEMBER 2015/8TH POUSHA, 1937 Bail Appl..No. 8234 of 2015 () ------------------------------- CRIME NO. 730/2015 OF IDUKKI POLICE STATION, IDUKKI DISTRICT. ......

PETITIONER/ACCUSED NO.4:

------------------------------------------- SALMON, S/O. JOSEPH, AGED 35 YEARS, SANKOORIKAL HOUSE, THADIYAMPADU KARA, IDUKKI VILLAGE, IDUKKI DISTRICT.

BY ADVS.SRI.SHAJI THOMAS, SRI.BINU PAUL.

RESPONDENTS/STATE & COMPLAINANT:

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1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM-682 031.

2. SUB INSPECTOR OF POLICE, IDUKKI POLICE STATION, IDUKKI-685 602.

BY PUBLIC PROSECUTOR SMT.V.H. JASMINE.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

rs.

K.P. JYOTHINDRANATH, J.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of December, 2015

O R D E R

This is an application filed under Section 439 of the Code of Criminal Procedure.

2.

When the petition came up for hearing, the learned counsel for the petitioner submitted before me that the petitioner is the accused in crime No.730/2015 of Idukki Police Station wherein the major offences are under Sections 324 and 308 of IPC. It is the submission that Section 308 of IPC is introduced by the police only to deny bail to the petitioner.

3.

I heard the learned Public Prosecutor, who submitted before me that this is a case where the victim sustained lacerated wound over vertex. The size of the injury is 5x2 cm. There is also contusion over the back of the scalp.

4.

After considering the nature of the injuries and all other attending circumstances and also keeping in mind that the petitioner was arrested as back as on 7.12.2015

and first remand period is over, I feel that the petitioner can be granted bail on the following conditions:

1) The petitioner shall be released on bail on his executing a bond for Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate having jurisdiction.

2) The petitioner shall appear before the Investigating Officer for interrogation on all Saturdays between 10.00 a.m. and 11.00 a.m. for a period of two months.

3) The petitioner shall not intimidate or attempt to influence the witnesses, nor shall he tamper with the evidence.

4) The petitioner shall not involve in any other offence during the period of bail.

5) The petitioner shall co-operate with the investigation.

In case of violation of any of the above

conditions, the learned Magistrate is empowered to cancel the bail in accordance with law without referring the matter to this court.

On the above conditions, this bail application is allowed.

Sd/- K.P. JYOTHINDRANATH JUDGE //True copy// P.A. TO JUDGE shg/