Nishadali K.K. 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. 2505 of 2015 ---------------------------------------- CRIME NO. 105/2015 OF MEPPADI POLICE STATION , WAYANAD DISTRICT --------------------- PETITIONER(S)/ACCUSED :

----------------------------------------- NISHADALI K.K., AGED 27 YEARS, S/O.LATE HAMZA & PATHUMMAKUTTY, KODAKKATTU KANNIYIL HOUSE, CHOORALMALA P.O., VELLARIMALA VILLAGE, VYTHIRI TALUK, WAYANAD DISTRICT. BY ADVS.SRI.N.MANOJ KUMAR SMT.JAYASREE MANOJ RESPONDENT(S)/COMPLAINANTS :

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

2. SUB INSPECTOR OF POLICE, MEPPADI POLICE STATION, WAYANAD DISTRICT - 673 577, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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:

Msd.

K. ABRAHAM MATHEW, J.

--------------------------------------- B.A. No.2505 of 2015 --------------------------------------- Dated this the 12th day of May, 2015

O R D E R

The petitioner allegedly committed mischief in the building of the victim and set it on fire, causing the victim a loss of Rs.20,000/- (Rupees Twenty thousand only). According to the prosecution, he thus committed the offences under Sections 427, 436 and 457 IPC. The learned counsel submits that the allegations are false.

2. Heard.

3. It appears that in the investigation, no recovery of objects is to be effected. Granting anticipatory bail to the petitioner will not affect the investigation. So I am inclined to grant the prayer of the petitioner.

4. In the result, this application is allowed. i) The petitioner shall be released on bail after interrogation on his executing a bond for Rs.25,000/- (Rupees Twenty five

B.A. No.2505 of 2015 thousand only) with two solvent sureties for the like sum if he is arrested by the Police in connection with this case. ii) He shall appear before the Investigating Officer on every 1st and 3rd Saturdays for four months or till the Final Report is filed, which ever is earlier.

iii) He shall not destroy or tamper with evidence. iv. He shall deposit in the Magistrate Court Rs.20,000/- (Rupees Twenty thousand only) within seven days. v) 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