Preman v. Station House Officer
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW FRIDAY, THE 27TH DAY OF FEBRUARY 2015/8TH PHALGUNA, 1936 Bail Appl..No. 1055 of 2015 -------------------------------------- CRIME NO. 126/2015 OF NADAPURAM POLICE STATION , KOZHIKODE ------------- PETITIONER(S)/ACCUSED:
-------------------------------------- PREMAN, AGED 33 YEARS, S/O.KELAPPAN, ELLATH HOUSE, NADAPURAM VADAKARA TALUK.
BY ADV. SRI.UNNIKRISHNAN.V.ALAPATT RESPONDENT(S)/COMPLAINANT/STATE:
----------------------------------------------------------
1. STATION HOUSE OFFICER NADAPURAM POLICE STATION- 673504.
2. STATE OF KERALA REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, 682031.
BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27-02-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ
K.ABRAHAM MATHEW, J.
-------------------------------- B.A.No.1055 OF 2015 -------------------------------- Dated this the 27th day of February, 2015
O R D E R
~~~~~~~ Petition filed under Section 439 Cr.P.C.
2.
Petitioner is the 5th accused in Crime No.126/2015 of Nadapuram Police Station registered for the offences punishable under Sections 143, 147, 148, 452, 436, 506(ii), 395 and 427 read with 149 IPC. The learned counsel for the petitioner submits that considering the period of custody, the petitioner may be released on bail.
3.
Heard learned counsel for the petitioner and the learned Public Prosecutor.
4.
The learned Public Prosecutor submits that Section 153A IPC also has been incorporated in the course of investigation. Though the petitioner has been in custody since 29.1.2015, no recovery could be effected so far by the investigating officer. He could not arrest even any of the other accused. Further detention of the petitioner is not necessary for effective investigation.
B.A.No.1055/2015 5.
In the result, this Bail Application is allowed and the petitioner shall be released on bail on his executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum each to the satisfaction of the Magistrate concerned.
He shall appear before the investigating officer between 10.30 and 11.30 a.m. on every 1st and 3rd Saturdays for three months or till the final report is filed, whichever is earlier.
He shall not enter the limits of Nadapuram Police Station till the conclusion of investigation.
He is allowed to enter the said limits on 1.3.2015 to attend the marriage of his niece.
He shall surrender his passport, if any, before the learned Magistrate within seven days of his release. If he does not have one, he shall file an affidavit to that effect within the said period.
SD/- K.ABRAHAM MATHEW, JUDGE.
Ps/27/2/2015