M.P Roopesh v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA FRIDAY, THE 27TH DAY OF MARCH 2015/6TH CHAITHRA, 1937 Bail Appl.No. 1307 of 2015 ------------------------------------ CRIME NO. 254/2015 OF PAYYANNUR POLICE STATION, KANNUR .......

PETITIONER(S)/ACCUSED 1 & 2:

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1. M.P. ROOPESH, AGED 46 YEARS, S/O. RAGHAVAN, JAYA NILAYAM, CHEMBILODE, NEAR CHEMBILOD PANCHAYATH OFFICE, P.O.MOUVANCHERY, KANNUR DISTRICT.

2. M.P.JITHESH, AGED 41 YEARS, S/O. RAGHAVAN, JAYA NILAYAM, CHEMBILODE, NEAR CHEMBILOD PANCHAYATH OFFICE, P.O.MOUVANCHERY, KANNUR DISTRICT.

BY ADVS.SRI.C.P.PEETHAMBARAN SMT.MINI.V.A.

RESPONDENT(S)/COMPLAINANT:

------------------------------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.

BY PUBLIC PROSECUTOR SMT.LALIZA T.Y.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27-03-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: msv/

K.ABRAHAM MATHEW, J.

= = = = = = = = = = = = = B.A.No.1307 of 2015 = = = = = = = = = = = = = = Dated this the 27 th day of March, 2015

O R D E R

Petition filed under Section 438 Cr.P.C.

2. Petitioners are accused Nos.1 and 2 in Crime No.254/2015 of Payyannur Police Station registered for the offences under Sections 452,341,323,294(B) and 506(i) read with 34 IPC.

3. The allegation is that, they trespassed into a room in a lodge and threatened the victims, uttered obscene words and assaulted them with hands.

4. Heard.

5. Having regard to the nature of the allegations, I am inclined to grant the prayer of the petitioners. In the result, this application is allowed.

1) The petitioners shall be released on bail after interrogation on their executing a bond for `25,000/-(Rupees twenty five thousand only) each with two solvent sureties each for the like sum, if they are arrested by the Police in connection with this case.

B.A.No.1307 of 2015 2) They shall appear before the Investigating Officer for interrogation between 3 pm and 4 pm on the 1st and 3rd Saturdays for three months or till the final report is filed, whichever is earlier.

3) They shall not destroy or tamper with evidence. 4) In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.

K.ABRAHAM MATHEW, JUDGE sj