Jose 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. 2626 of 2015 () ------------------------------- CRIME NO. 546/2015 OF CHAVARA - THEKKUMBHAGAM POLICE STATION, KOLLAM DISTRICT -------------------- PETITIONERS/ACCUSED A2 & 3 :

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1. JOSE, AGED 37 YEARS, S/O.ALBERT, THAYYIL KIZHAKKATHIL VEEDU, KOIVILA MURI, THEVALAKKARA VILLAGE, KOLLAM DISTRICT.

2. JOHN, AGED 44 YEARS, S/O.XAVIOUR, PLANTHOTTATHIL VEEDU, KOIVILA MURI, THEVALAKKARA VILLAGE, KOLLAM DISTRICT.

BY ADV. SRI.K.V.ANIL KUMAR RESPONDENT/COMPLAINANT :

------------------------------------------- STATE OF KERALA 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:

bp

K. ABRAHAM MATHEW, J.

--------------------------------------- B.A. No. 2626 of 2015 ---------------------------------------- Dated this the 15th day of May, 2015

ORDER

Petition filed under Section 438 Cr.P.C.

2. Petitioners are accused 2 and 3 in Crime No. 546/2015 of Chavara Thekkumbhagam Police Station. They are said to have committed the offence punishable under Section 353 read with Section 34 of the Indian Penal Code. The prosecution case is that they along with co-accused caught hold of a policeman by his uniform and prevented him from discharging his official duty.

3. Heard.

4. The prosecution has no case that the victim sustained any injuries. Custodial interrogation of the petitioners is not necessary for effective investigation.

5. In the result, this application is allowed.

1) They 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 sureties each for the like sum if they are arrested by the Police in

B.A. No. 2626 of 2015 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/-