Anilkumar v. Station House Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE BABU MATHEW P.JOSEPH THURSDAY, THE 25TH DAY OF JUNE 2015/4TH ASHADHA, 1937 Bail Appl..No.2823 of 2015 ------------------------------------- CRIME NO.280/2015 OF PERAMBRA POLICE STATION,KOZHIKODE. ..

PETITIONER'S/ACCUSED:

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ANILKUMAR,AGED 32 YEARS,S/O.VELLAN, ANNAKOTTANCHALIL,KAYANNA AMSOM, MATTONODE DESOM,KOYILANDY TALUK.

2.

SANTHOSH,AGED 41 YEARS,S/O.VELLAN, ANNAKOTTANCHALIL,KAYANNA AMSOM, MATTONODE DESOM,KOYILANDY TALUK.

3.

ASOKAN,AGED 38 YEARS,S/O.VELLAN,CHANDANATHIL, ANNAKOTTANCHALIL,KAYANNA AMSOM, MATTONODE DESOM,KOYILANDY TALUK.

BY ADV.SRI.B.KRISHNA MANI RESPONDENT'S/DEFACTO COMPLAINANT/STATE:

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STATION HOUSE OFFICER, PERAMBRA POLICE STATION,PERAMBRA, KOZHIKODE DISTRICT-673 526.

2.

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

BY PUBLIC PROSECUTOR SMT.LISHA M.G.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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BABU MATHEW P. JOSEPH, J --------------------------------------- --------------------------------------- Dated this the 25th day of June, 2015

ORDER

This petition is filed under Section 438 of Cr.P.C for anticipatory bail.

2. Heard the learned counsel appearing for the petitioners and the learned Public Prosecutor appearing for the respondents. C.D. produced.

3. The petitioners are the accused in Crime No.280 of 2015 of Perambra Police Station. The offences alleged are under Sections 353 and 332 read with Section 34 of IPC. Learned counsel for the petitioners submits that the petitioners are innocent of the allegations raised against them. They have no criminal antecedents. The investigation of the case is almost over. The custodial interrogation of the petitioners is not required in this case. No one suffered any injury in the alleged

occurrence. He further submits that the petitioners apprehend arrest by the police at any time.

4. Learned Public Prosecutor has opposed this petition. The Case Diary shows that the investigation of the case has progressed much. Learned Public Prosecutor submits that no criminal antecedents have been reported against the petitioners. On considering the facts and circumstances, stage of the investigation and the facts that no criminal antecedents have been reported against the petitioners and nobody has sustained any injury in the occurrence, this Court is of the view that the petitioners can be granted anticipatory bail imposing appropriate conditions.

5.

Therefore, the petitioners are granted anticipatory bail subject to the following conditions:

1. The petitioners shall surrender before the Investigating Officer on or before 02-07-2015. In the event of their arrest, they shall be released on bail on

their executing bonds for 25,000/- (Rupees twentyfive ₹ thousand only) each with two solvent sureties each for the like sum to the satisfaction of the Investigating Officer.

2. The petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him or her from disclosing such facts to the Court or to any Police Officer.

3. The petitioners shall make themselves available for interrogation as and when required by the Investigating Officer.

4. The petitioners shall not influence or intimidate the prosecution witnesses nor shall they attempt to tamper with the evidence for the prosecution.

5. The petitioners shall not commit any similar offence while on bail.

6. The petitioners shall not leave India without

the previous permission of the concerned Magistrate's Court.

This petition is allowed as above.

Sd/- BABU MATHEW P. JOSEPH JUDGE AD