Nibin.P. v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW TUESDAY, THE 4TH DAY OF AUGUST 2015/13TH SRAVANA, 1937 Bail Appl..No. 2064 of 2015 ---------------------------------------- CRIME NO. 230/2015 OF CHALISSERY POLICE STATION , PALAKKAD DISTRICT -------------------------- PETITIONER(S) :

-------------------------- NIBIN.P., AGED 24 YEARS, S/O.KOCHUKUTTAN, PULIKKAL HOUSE, CHOWANNUR, KUNNAMKULAM, THRISSUR DISTRICT.

BY ADV. SRI.YASH THOMAS MANNULLY RESPONDENT(S) :

----------------------------

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

2. SUB INSPECTOR OF POLICE, CHALISSERY POLICE STATION, PALAKKAD DISTRICT- 679 536.

BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04-08-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Msd.

K. ABRAHAM MATHEW, J.

==================== B.A.No. 2064 of 2015 - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of August, 2015

O R D E R

Petition filed under Section 438 Cr.P.C.

2.

Petitioner is said to have committed the offence under Section 353 of the Indian Penal Code. The allegation is that on getting information that the petitioner was transporting ordinary earth without any permit, the revenue authorities came to the spot and on seeing the vehicle the revenue authorities asked him to stop, but he just sped away.

3.

Heard.

4.

In the nature of the allegations custodial interrogation of the petitioner is not necessary. The vehicle has already been seized. So, I am inclined to grant his prayer. In the result, this application is allowed.

1)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 if he is arrested by the Police in connection with this case.

2)He shall surrender his passport before the lower court concerned or if he does not have one, he shall file an affidavit to that effect within five days of his release. 3)He shall not leave India without the previous

B.A.No. 2064 of 2015 -: 2 :- permission of the court of enquiry or trial court as the case may be.

4)He shall appear before the Investigating Officer between 10 a.m. and 11 a.m. every Friday for two months or till the final report is filed, whichever is earlier.

5)He shall not intimidate or attempt to influence the witnesses.

6)He shall not destroy or tamper with evidence. 7)He shall not get himself involved in any other criminal case while he is on bail.

If the petitioner surrenders before the Magistrate this order is not applicable and the learned Magistrate may pass appropriate orders.

In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.

Sd/- K. ABRAHAM MATHEW, JUDGE DST //True copy// P.A. To Judge