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KATTINTAVIDA JAGADHESH @ JAGI versus STATE OF KERALA, REPRESENTED BY

High Court of Kerala

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KATTINTAVIDA JAGADHESH @ JAGI v. STATE OF KERALA, REPRESENTED BY - Bail Appl No. 1421 of 2007 [2007] RD-KL 5114 (9 March 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 1421 of 2007()

1. KATTINTAVIDA JAGADHESH @ JAGI,
... Petitioner

2. KATTINTAVIDA ANOOP, S/O. ANANDAN,

3. KAPPUMCHALIL VIJESH @ BIJU,

4. KAKKAT AKILESH @ KUTTESH,

5. MAMMERIPOYI MANEESH, S/O. KRISHNAN,

6. MEETHALEPURAYIL NIJESH @ NIJI,

Vs

1. STATE OF KERALA, REPRESENTED BY
... Respondent

For Petitioner :SRI.S.RAJEEV

For Respondent :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

Dated :09/03/2007

O R D E R

V. RAMKUMAR, J.

```````````````````````````````````````````````````` B.A. No. 1421 OF 2007 ````````````````````````````````````````````````````

Dated this the 9th day of March, 2007

O R D E R

In this Petition filed under Sec. 439 Cr.P.C. the petitioners, who are accused Nos.2, 3, 4, 6, 7 and 12 in Crime No.9/2007 of Panoor Police Station for offences punishable under Secs.143, 147, 148, 323, 324, 341, 326 and 307 read with 149 I.P.C., seek their enlargement on bail.

2. Learned Public Prosecutor opposed the application.

3. The occurrence took place on 13.1.2007 at about 10.20 a.m. when the de facto complainant riding on a motor cycle and the pillion rider were attacked with iron road, sword stick, etc. by 16 named accused persons and 4 other identifiable persons. Pillion rider has sustained multiple fracture on parietal bone and a nasal fracture besides other injuries. The de facto complainant has also sustained grave injuries. Considering the facts and circumstances of the case including the daring manner in which the attack amounted on the injured and the duration of the custody of the petitioners, I am inclined to grant bail to the petitioners only from a future date and on strict conditions safeguarding the interest of the prosecution. Accordingly, the petitioners are directed to be released on bail with effect from 15.3.2007 on each of BA.1421/07 them executing a bond for Rs.10,000/- (Rupees ten thousand only) with two solvent sureties each for the like amount to the satisfaction of the Additional Chief Judicial Magistrate, Thalassery and subject to the following conditions:

a. The petitioners shall report before the C.I. of Police, Panoor between 9 a.m. and 11

a.m. on all Wednesdays.

b. The petitioners shall not enter the limits of the Panoor Police Station until further orders except for the purpose of complying with condition No.1.

c. The petitioners shall not influence or intimidate the prosecution witnesses nor shall they attempt to tamper with the evidence for the prosecution.

d. The petitioners shall not commit any offence while on bail. If the petitioners commit breach of any of the above conditions, the bail granted to them shall be liable to be cancelled. This application is allowed as above.

(V. RAMKUMAR, JUDGE)

aks


Copyright

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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