Jose Thomas @ Thankachan v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR FRIDAY, THE 26TH DAY OF JUNE 2015/5TH ASHADHA, 1937 Bail Appl..No. 1919 of 2015 () ------------------------------- CRIME NO. 292/2015 OF RAMAPURAM POLICE STATION, KOTTAYAM DISTRICT ---------------- PETITIONERS/ACCUSED:
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1. JOSE THOMAS @ THANKACHAN, AGED 47 YEARS, S/O.THOMAS, EDATHATTAMKUNNEL HOUSE, METHIRI.P.O., RAMAPURAM VILLAGE, MINACHAL THALUK, KOTTAYAM DISTRICT.
2. VISHNU.N.R, AGED 21 YEARS, S/O.N.P.RAJENDRAN NAIR, THERUMTHURUTHU HOUSE, PAYAPPAR.P.O, VELLILAPPILLY VILLAGE, MINACHAL THALUK, KOTTAYAM DISTRICT.
3. SURESH.T.S, AGED 44 YEARS, S/O.SIVAN, THARAPPAKKUZHY HOUSE, EDIYANAL.P.O., RAMAPURAM VILLAGE, MINACHAL THALUK, KOTTAYAM DISTRICT. BY ADVS.SRI.K.S.ARUN KUMAR SMT.RESMI THOMAS RESPONDENT/STATE/COMPLAINANT:
---------------------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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B.SUDHEENDRA KUMAR, J.
- - - - - - - - - - - - - - -- - - -- - - - - - - - - - -- - - - - - - - - Bail Application No.1919 of 2015 - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of June 2015
O R D E R
The petitioners are the accused in Crime No.292 of 2014 of Ramapuram police station registered under Section 3(1) of PDPP Act.
2. The allegation of the prosecution is that during the night of 14.3.2015, the petitioners destroyed the "Silabhalakam" attached to the High Mask Lamp. The petitioners have filed this application praying for the relief under Section 438 Cr.P.C.
3. Heard.
4. The learned Public Prosecutor has no serious objection in allowing the application. It has been submitted by the learned Public Prosecutor that the petitioners are not involved in any other offence of similar nature. Considering the facts and circumstances of the case, including the fact that the petitioners are the first time offenders, I am inclined to grant the relief under Section 438 Cr.P.C. in favour of the petitioners.
In the result, this application stands allowed and the respondent is directed to release the petitioners on bail in the event of their arrest in Crime No.292/2015 of Ramapuram police station, on condition of each of the petitioners executing a bond for Rs.25,000/- (Rupees twenty five thousand only) each with two solvent sureties
each, each for the like sum to the satisfaction of the Sub Inspector of Police, Ramapuram Police Station, before whom the petitioners shall surrender within ten days and subject to the following further conditions:
(i) The petitioners shall report before the Investigating Officer on every Monday between 9 a.m. and 11 a.m. for three months and thereafter, as and when required by the Investigating Officer for interrogation.
(ii) The petitioners shall not intimidate or influence the witnesses or in any way tamper with the investigation.
(iii) The petitioners shall not get involved in any offence during the pendency of this case. B.SUDHEENDRA KUMAR, JUDGE dl