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MANOJ versus STATE OF KERALA

High Court of Kerala

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MANOJ v. STATE OF KERALA - Bail Appl No. 4167 of 2006 [2006] RD-KL 174 (11 July 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 4167 of 2006()

1. MANOJ, AGED 30 YRS.,
... Petitioner

Vs

1. STATE OF KERALA,
... Respondent

For Petitioner :SRI.S.SANTOSH KUMAR (PERUNAD)

For Respondent :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

Dated :11/07/2006

O R D E R

R. BASANT, J.


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B.A.No. 4167 of 2006
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Dated this the 11th day of July, 2006

O R D E R

Application for regular bail. The petitioner faces allegations under Section 3(1)(xi) of the SC/ST (Prevention of Atrocities) Act and Section 324 r/w. 34 I.P.C.

2. The crux of the allegations is that the petitioner, along with the co-accused, attacked the defacto complainant , a person belonging to the Scheduled Caste community. He was attacked with dangerous weapons, including a sword. Prior animosity is the alleged motive. The petitioner is involved in other crimes also, it is pointed out. The co-accused has not been arrested. The petitioner was arrested only on 16.6.2006, the incident having taken place on 11.6.06. The learned Public Prosecutor, in these circumstances, prays that the petitioner may not be enlarged on bail now. If at all this Court were inclined to grant bail, appropriate safeguards may be insisted. The investigators may be given sufficient time to complete the investigation. B.A.No. 4167 of 2006 2 Appropriate conditions to ensure maintenance of law and order may be issued, submits the Prosecutor.

3. Having considered all the relevant inputs, I am satisfied that the petitioner can now be enlarged on bail subject to appropriate terms and conditions.

3. In the result: 1) This application is allowed. 2) The petitioner shall be released on bail on the following terms and conditions.

(a) He shall execute a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to be satisfaction of the learned Magistrate.

(b) He shall make himself available for interrogation before the Investigating Officer between 10 a.m. and 12 noon on all Mondays until the final report is filed. ) The petitioner shall not enter the sessions division of Pathanamthitta until further orders except for the purpose of complying with condition No.2 imposed above. B.A.No. 4167 of 2006 3

(d) If the petitioner does not comply with the conditions imposed, it shall be open to the Investigating Officer to report the matter to the learned Magistrate, who shall take appropriate necessary action as if bail were granted and conditions were imposed by the learned Magistrate himself. (R. BASANT) Judge tm


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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