Vipin K.V v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA MONDAY, THE 23RD DAY OF FEBRUARY 2015/4TH PHALGUNA, 1936 Bail Appl..No. 291 of 2015 () ------------------------------ CRIME NO. 1569/2014 OF THALASSERY POLICE STATION, KANNUR DISTRICT ------------------------ PETITIONER/ACCUSED NO.2:
----------------------------------------- VIPIN K.V., AGED 46 YEARS, S/O.LATE RAGHAVAN, KACHUMPARATH HOUSE THIRUVANGAD AMSOM DESOM, THALASSERY TALUK, KANNUR DISTRICT. PIN - 670 103 BY ADV. SRI.R.SURENDRAN RESPONDENT/COMPLAINANT :
----------------------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SMT. LALIZA T.Y.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23-02-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
bp
B.KEMAL PASHA, J.
============================ B.A. No.291 of 2015 ============================= Dated this the 23rd day of February, 2015
O R D E R
Petition filed under Section 438 Cr.P.C.
2.
Petitioner is the 2nd accused in Crime No.1569 of 2014 of Thalassery Police Station, Kannur District, registered for the offences punishable under Sections 143, 147, 452, 294(b), 506(i), 323 and 354 read with Section 149 of the Indian Penal Code.
3.
The allegation against the petitioner and other accused is that on 28.10.2014 at 4.00pm, they formed themselves into an unlawful assembly, and petitioner along with 28 other persons committed house trespass into the house of the defacto complainant, pushed her down and also pushed down her mother thereby outraging their modesty. 4.
Heard the learned counsel for the petitioner and the learned Public Prosecutor.
5.
The contents of the CD reveals that the investigation of the case is practically over. This is not a case wherein the custodial interrogation of the petitioner is required
for the continued investigation of this case. No criminal antecedents have been reported against the petitioner. Considering the facts and circumstances of the case, the present stage of investigation and the absence of criminal antecedents on his part, I am of the view that this is a fit case wherein anticipatory bail can be granted to the petitioner. In the result, this bail application is allowed and the investigating officer or such other police officer, who is conducting the arrest of the petitioner, is directed to enlarge the petitioner on bail in the event of his arrest on his executing a bond for Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties for the like sum each to the satisfaction of the officer conducting arrest, and subject to the following terms and conditions:- (i) The petitioner shall report before the investigating officer in between 09.00 a.m. and 11.00 a.m. on all Mondays and Thursdays commencing from 02.03.2015 for a period of three months or till the filing of the final report in this case,
whichever is earlier.
(ii) The petitioner shall not tamper with the evidence or influence witnesses.
(iii) The petitioner shall make himself available for interrogation as and when required by the investigating officer.
(iv) The petitioner shall not involve in any offence while on bail.
It is made clear that the violation of any of the conditions stipulated above will result in the cancellation of bail. Sd/- B.KEMAL PASHA JUDGE DSV/23/2/15 // True Copy // P.A. To Judge