Kerala High CourtUnknown vs By Adv.Sri.B.Pramod on 2 April, 2018Author:V Raja VijayaraghavanBench:V Raja VijayaraghavanIN THE HIGH COURT OF KERALA AT ERNAKULAM

                                         PRESENT:

                  THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

              MONDAY, THE 2ND DAY OF APRIL 2018 / 12TH CHAITHRA, 1940

                                 Bail Appl..No. 2173 of 2018



                   CRIME NO. 387/2018 OF AROOR POLICE STATION , ALAPPUZHA
                                ------------------



PETITIONER(S)/ACCUSED


     JEFFRY HENCILLOR,
     AGED 38 YEARS, S/O.AVARA LAWRENCE, EDEZHATHU VEEDU,
     AROOR P.O., AROOR PANCHAYATH, WARD-16, ALAPPUZHA.


         BY ADV.SRI.B.PRAMOD


RESPONDENT(S):

     STATE OF KERALA
     REPRESENTED BY THE PUBLIC PROSECUTOR,
     HIGH COURT OF KERALA, ERNAKULAM-682031.

        R BY PUBLIC PROSECUTOR SRI.AJITH MURALI


    THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02-04-2018,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:




AD

                    RAJA VIJAYARAGHAVAN V, J
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                        B.A No.2173 of 2018
              ---------------------------------------------
                Dated this the 2nd day of April, 2018

                                ORDER1.This petition is filed underSection 439of the Code of Criminal

  Procedure.2.The petitioner herein is the accused in Crime No.387 of 2018 of

  the Aroor Police Station registered undersections 308,324,326,506(ii)and427of the IPC.3.The informant is the co-brother of the petitioner herein. The

  allegation is that, on 12.03.2018 at 1.00 p.m., there occurred

  a dispute concerning a common path way.              The petitioner

  herein is alleged to have inflicted a blow with a crowbar causing

  injuries.4.The learned counsel appearing for the petitioner submitted that

  the petitioner herein had instituted a civil suit before the

  Munsiff Court, Cherthala, and had obtained an order of

  injunction    in   his   favour   on   15.02.2018.     Referring   to

  Annexure-I wound certificate it is submitted that on the date of

  incident, he had also sustained injuries when the informant had

  assaulted him with a helmet. The learned counsel would referB.A No.2173 of 2018              2to Annexure-II outpatient registration card of the General

  Hospital, Ernakulam to substantiate the same.       Finally, it is

  submitted that he has been in custody from 13.03.2018 and

  prays for his release.5.The learned Public Prosecutor opposed the prayer. It is

  submitted that the wound certificate of the victim would reveal

  that the injury sustained by him is serious.6.I have considered the submissions advanced and have gone

  through the materials and records. The parties are near

  relatives and there are civil disputes pending between them

  concerning a path way. Further detention in custody does not

  appear to be required as substantial part of the investigation is

  over.7.In the result, this petition will stand allowed. The petitioner

  shall be released on bail on his executing a bond for

  Rs.50,000/-(Rupees Fifty thousand only) with two solvent

  sureties each for the like sum to the satisfaction of the court

  having jurisdiction. The above order shall be subject to the

  folowing conditions:1). The petitioner shall appear before theB.A No.2173 of 2018              3Investigating Officer on all Saturdays between
             9 a.m. and 10 a.m., for 2 months or till final
             report is filed, whichever is earlier.2). The petitioner shall not intimidate or
             attempt to influence the witnesses; nor shall he
             tamper with the evidence.3). The petitioner shall not commit any offence
             while he is on bail.4). The petitioner shall not leave the country
             without the permission of the concerned Court.

  In case of violation of any of the above conditions, the

  jurisdictional Court shall be empowered to         consider the

  application for cancellation, if any, and pass appropriate orders

  in accordance with the law.Sd/-RAJA VIJAYARAGHAVAN V,
                                    JUDGE
                                 //TRUE COPY//

                                 P.A. TO JUDGE

  AD