Purushothaman v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW FRIDAY, THE 15TH DAY OF MAY 2015/25TH VAISAKHA, 1937 Bail Appl..No. 2400 of 2015 -------------------------------------- CRIME NO. 209/2015 OF NOORANADU POLICE STATION , ALAPPUZHA ----------------- PETITIONER(S)/1ST ACCUSED:

------------------------------------------- PURUSHOTHAMAN, AGED 43 YEARS, S/O.PARAMU, GIREESH BHAVAN, THATHAMMUNNA, NOORANADU.

BY ADVS.SRI.T.R.HARIKUMAR SMT.V.P.SATHI RESPONDENT(S)/COMPLAINANT:

------------------------------------------------ STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, NOORANAD POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.

BY PUBLIC PROSECUTOR SRI.JIBU P.THOMAS THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15-05-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ

K. ABRAHAM MATHEW, J.

--------------------------------------- B.A. No. 2400 of 2015 ---------------------------------------- Dated this the 15th day of May, 2015

ORDER

Petition filed under Section 438 Cr.P.C.

2. Petitioner along with the co-accused is alleged to have committed the offences under Sections 323, 324 and 326 read with Section 34 of the Indian Penal Code. The allegation is that they assaulted the victim with sticks causing fracture of his bone.

3. Heard.

4. The incident happened on 17.2.2015. The police was informed only on 04.03.2015. There was inordinate delay in informing the police which itself is a suspicious circumstance. So, I am inclined to grant the prayer of the petitioner. In the result, this application is allowed.

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

B.A. No. 2400 of 2015

2) He shall appear before the Investigating Officer for interrogation if he is so required by him in writing.

3) He shall not destroy or tamper with evidence. 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 DMR/-