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High CourtsSINGLE BENCH(2017) 10 KL CK 0016

RATHEESH vs STATE OF KERALA

High Court Of Kerala · Decided on 26 October 2017

HON’BLE JUDGES
A.M.Babu
CASE NUMBER
6946 of 2017

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Judgment

9 paragraphs · 333 words
1.

Petitioners are the accused in crime no.1677/2017 of Kodungallur police station. They allegedly committed offences punishable under Secs 308, 324 and 341 of IPC read with IPC

34.

The petitioners seek bail under Sec.438 of Cr.P.C .

2.

The prosecution case goes as follows: It was at 2.30 p.m on 13.9.2017 the incident. The petitioners wrongfully restrained the first informant. He was attacked by the petitioners with an iron pipe and ignition key of the scooter.

The victim sustained injuries on his head and right leg.

3.

Heard the learned counsel for the petitioners and the learned public prosecutor.

4.

I am shown the case diary by the learned public prosecutor. I perused it. I have seen the wound certificate. It suggests that the victim did not sustain any serious injury.

Initially the offence under Sec.308 was not incorporated. It was incorporated only later. As the injuries are not serious and custodial interrogation of the petitioners does not appear to be necessary, I am inclined to grant them bail under Sec.438 of Cr.P.C .

5.

The application is allowed. If arrested in connection with crime no.1677/2017 of Kodungallur police station, the petitioners shall be released on bail after interrogation on their executing bonds for Rs.35,000/- (thirty five thousand only)with two solvent sureties each for the like sum to the satisfaction of the investigating officer. The petitioners shall report to the investigating officer between 10.00 a.m and 11.00 a.m on every Wednesday for a period of three months or till the filing of the final report, whichever is earlier. The petitioners shall refrain from intimidating or attempting to influence witnesses; nor shall they destroy or tamper with evidence. The court concerned is hereby empowered to cancel the bail in accordance with law if any of the above conditions is violated.

If the petitioners surrender before the court concerned, this order shall have no effect and that court will pass appropriate orders in accordance with law as if this order has not been passed.