High Court of KeralaBail Appl./2403/2015allowed

Bimeesh v. Sub Inspector Of Police

2015-05-12Honourable Mr. Justice K.Abraham Mathew3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW TUESDAY, THE 12TH DAY OF MAY 2015/22ND VAISAKHA, 1937 Bail Appl.No. 2403 of 2015 -------------------------------------- CRIME NO. 203/2015 OF THAMARASSERY POLICE STATION, KOZHIKODE .......

PETITIONER(S)/ACCUSED:

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1. BIMEESH P.B., AGED 28 YEARS, S/O.BALAN, PLAKOOTTATHIL HOUSE, KATTIPPARA P.O., THAMARASSERY.

2. SHAFEEQUE P.A., AGED 34 YEARS, S/O.ABU, PURAYIL HOUSE, KATTIPPARA P.O., THAMARASSERY.

3. ABDUL MAJEED U.K., AGED 43 YEARS, S/O.AMMAD KOYA, KARAMMAL HOUSE, KATTIPPARA P.O., THAMARASSERY.

BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENT(S)/COMPLAINANT AND STATE:

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1. SUB INSPECTOR OF POLICE, THAMARASSERY POLICE STATION, KOZHIKODE-63 017.

2. 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 12-05-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: msv/

K. ABRAHAM MATHEW, J.

--------------------------------------- B.A. No. 2403 of 2015 ---------------------------------------- Dated this the 12th day of May, 2015

ORDER

Petition filed under Section 438 Cr.P.C.

2. Petitioners are accused of having committed the offences under sections 341, 353 and 506 read with Section 34 of the Indian Penal Code. The allegation is that they pelted stones at a King Cobra with the intention of preventing the forest officers from taking it into custody.

3. Heard.

4. Having regard to the nature of the allegations, I am satisfied that custodial interrogation of the petitioners is not necessary.

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

B.A. No. 2403 of 2015 sureties each for the like sum if they are arrested by the Police in connection with this case.

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. 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/-