Mayesh Kumar 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. 2492 of 2015 () ------------------------------- CRIME NO. 442/2015 OF HARIPAD POLICE STATION,ALAPPUZHA DISTRICT ------------------ PETITIONERS/ACCUSED 2, 3 AND 4:
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1. MAYESH KUMAR, AGED 33 YEARS, S/O NATARAJAN, PUTHUVAL MANESH BHAVAN, VADAKKEKARA KIZHAKKU, PALLIPPAD P.O., HARIPPAD, ALAPPUZHA.
2. MANESH KUMAR, AGED 30 YEARS, S/O NATARAJAN, PUTHUVAL MANESH BHAVAN, VADAKKEKARA KIZHAKKU, PALLIPPAD P.O., HARIPPAD, ALAPPUZHA.
3. JAYESH, AGED 31 YEARS, S/O GOPALAKRISHNAN, KOLARI PUTHENVEEDU, THEKKEKARA KIZHAKKU, PALLIPPAD P.O., HARIPPAD, ALAPPUZHA.
BY ADV. SRI.SANIL KUNJACHAN RESPONDNET/INVESTIGATING OFFICER:
--------------------------------------------------------------- STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, HARIPAD POLICE STATION, ALAPPUZHA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
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:
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K. ABRAHAM MATHEW, J.
--------------------------------------- B.A. No. 2492 of 2015 ---------------------------------------- Dated this the 15th day of May, 2015
ORDER
Petition filed under Section 438 Cr.P.C.
2. Petitioners along with the co-accused allegedly prevented the police from removing a vehicle to the police station, alleging foul play on the part of the police. According to the prosecution, they thus committed the offences under Sections 143, 147, 149, 283 and 353 of the Indian Penal Code.
3. Heard.
4. The petitioners and the co-accused are residents of the locality from which the police wanted to remove the vehicle. The vehicle was used to dump waste near a public place. The residents allegedly obstructed the police on the allegation that there was foul play on the part of the police. Having regard to these facts, I am inclined to grant prayer of the petitioners. 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
B.A. No. 2492 of 2015 solvent 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/-