Madaswamy v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.ABRAHAM MATHEW TUESDAY, THE 16TH DAY OF JUNE 2015/26TH JYAISHTA, 1937 Bail Appl..No.2116 of 2015 ------------------------------------- CRIME NO.43/2015 OF DEVIKULAM POLICE STATION,IDUKKI. PETITIONER'S/ACCUSED 1 AND 2:

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1. MADASWAMY,AGED 53 YEARS,S/O.SIVAN, DIVYA BHAVAN,NEAR HIGHER SECONDARY SCHOOL, DEVIKULAM.

2. YESU,AGED 29 YEARS,S/O.THOMAS, NEW COLONY,KDH VILLAGE,DEVIKULAM.

BY ADV.SRI.SAJU J PANICKER RESPONDENT/COMPLAINANT:

---------------------------------------------------- STATE OF KERALA (SUB INSPECTOR OF POLICE, CRIME NO.43 OF 2015 OFDEVIKULAM POLICE STATION, IDUKKI DISTRICT) REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM.

BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

pk

K. ABRAHAM MATHEW, J.

==================== B.A.No. 2116 of 2015 - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of June, 2015

O R D E R

Petition filed under Section 438 Cr.P.C.

2. The petitioners are alleged to have committed the offences under Sections 447, 427, 34 of IPC and Section 3(1) of Prevention of Damage to Public Property Act. The prosecution case is that they destroyed 29 concrete pillars put up by Sree Dharma Sastha Temple, Devikulam belonging to the Travancore Devaswom Board, causing a loss of about Rs.38,000/-

3. Heard.

4. The nature of the case does not demand custodial interrogation of the petitioners. So, I am inclined to grant their prayer.

In the result, this application is allowed.

1)The petitioners shall be released on bail after interrogation on their executing a bond for Rs.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. 2116 of 2015 ::2::

2)They shall appear before the Investigating Officer for interrogation if they are so required by him in writing.

3) They shall not destroy or tamper with evidence. 4)Each of the petitioners shall deposit Rs.13,000/-(Rupees thirteen thousand only) each in the trial court within 10 days.

5) They shall not get themselves involved in any other criminal case while they are on bail.

6)They shall not intimidate or attempt to influence the witnesses.

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