Prasanth Joseph v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW MONDAY, THE 15TH DAY OF JUNE 2015/25TH JYAISHTA, 1937 Bail Appl..No. 2413 of 2015 ------------------------------- CRIME NO. 310/2015 OF CHANDERA POLICE STATION, KASARAGOD DISTRICT. ......

PETITIONER/ACCUSED:

----------------------------------- PRASANTH JOSEPH, AGED 37 YEARS, S/O JOSEPH, THANNICKAL HOUSE, PALAVAYAL P.O, CHERUPUZHA (VIA), KASARAGOD DISTRICT.

BY ADV. SRI.A.ARUNKUMAR RESPONDENT(S)/COMPLAINANT /STATE:

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

2. THE STATION HOUSE OFFICER, (CRIME NO.310/2015 OF CHANDERA POLICE STATION, KASARAGOD DISTRICT) - 671314.

BY PUBLIC PROSECUTOR SMT.REMA.R THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

mbr/

K. ABRAHAM MATHEW, J.

---------------------- B.A. No.2413 of 2015 -------------------------------------------- Dated this the 15th day of June 2015

O R D E R

Petitioner is a leader of an employees union in the Agricultural Research Centre at Pilicode. He is alleged to have committed the offence under Sec.447 of Indian Penal Code and Sec.3(1) Prevention of Damage to Public Property Act. The prosecution case is that at 11.00 p.m. in the night on 11.04.2015, he trespassed into the car porch of the research centre and damaged the car belonging to the Government causing it a loss of Rs.17,000/- (Rupees seventeen thousand only).

2. Heard both sides.

3. The Mahazar shows that the car was damaged. The police seized stones which were allegedly used to cause damage. Prima facie the petitioner has committed the offence alleged against him. Merely because he is a union leader he cannot be granted bail. Vandalism by union leaders cannot be tolerated. In the result, the bail application is dismissed. Sd/- K. ABRAHAM MATHEW JUDGE NS