Gangadharan v. State Of Kerala

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. 2490 of 2015 ---------------------------------------- CRIME NO. 314/2015 OF WALAYAR POLICE STATION, PALAKKAD DISTRICT ------------------- PETITIONER(S)/ACCUSED NOS.1 AND 2 :

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1. GANGADHARAN, AGED 37 YEARS, S/O.KARUPPUSWAMY, MUKRONI, KANJIKODE P.O., PALAKKAD TALUK, PALAKKAD DISTRICT.

2. RAJESH, AGED 29 YEARS, S/O.RAJAN, KOPPANPURA, MUKRONI, KANJIKODE, PALAKKAD TALUK, PALAKKAD DISTRICT. BY ADV. SRI.NIREESH MATHEW RESPONDENT(S)/COMPLAINANT :

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

BY PUBLIC PROSECUTOR SRI.REJI JOSEPH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12-05-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Msd.

K. ABRAHAM MATHEW, J.

--------------------------------------- B.A. No.2490 of 2015 --------------------------------------- Dated this the 12th day of May, 2015

O R D E R

Petitioners are alleged to have committed the offences under Sections 143, 147, 148, 324, 308 read with Section 149 IPC. The case is that they along with the co-accused assaulted workers belonging to CPI(M) in front of their party office.

2. The learned counsel submits that the prosecution version is an unbelievable one and it was the CPI(M) workers who assaulted one of the accused causing him injuries.

3. Heard.

4. Though Section 308IPC has been shown in the FIR, the nature of the incident inclines me to grant anticipatory bail.

5. In the result, this application is allowed. i) The petitioners shall be released on bail after interrogation on their executing a bond for Rs.25,000/- each with two solvent sureties for the like sum each, if

B.A. No.2490 of 2015 they are arrested by the Police in connection with this case.

ii) They shall appear before the Investigating Officer for interrogation if they are so required by him in writing. iii) They shall not destroy or tamper with evidence. iv) 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 sp