Sreekanth v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW THURSDAY, THE 11TH DAY OF JUNE 2015/21ST JYAISHTA, 1937 Bail Appl..No. 3238 of 2015 ------------------------------------- CRIME NO. 391/2015 OF MATHILAKOM POLICE STATION , TRISSUR ----------------- PETITIONER(S)/ACCUSED:

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1. SREEKANTH, AGED 18 YEARS S/O.CHERUVIL RAMESH, S.N.PURAM, KODUNGALLUR.

2. DIPEESH MADHAVAN, AGED 23 YEARS, S/O.MADHAVAN, PUTHENPURAKAL, S.N.PURAM, KODUNGALLUR.

3. SUJITH, AGED 23 YEARS, S/O.THOTTARATH SURESH, S.N.PURAM, KODUNGALLUR.

4. RAJAN, AGED 58 YEARS, S/O.KAKKARA DAMODHARAN, S.N.PURAM, KODUNGALLUR

5. SUBAIR, AGED 25 YEARS, S/O.NALAKATH SHAMSUDHEEN, KOTHAPARAMBU DESOM, KODUNGALLUR.

6. SHAJAR, AGED 35 YEARS, S/O.PARAKKAT ABDUL JABBAR, KOTHAPARAMBU DESOM, KODUNGALLUR.

7. P.R.RAJU, AGED 40 YEARS, S/O.PUTHENPURA RAMAKRISHNAN, SANTHIPURAM, KODUNGALLUR. BY ADVS.SRI.AMJAD ALI SRI.MANSOOR.B.H.

RESPONDENT(S)/COMPLAINANT /STATE:

---------------------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA REPRESENTING THROUGH STATION HOUSE OFFICER, MATHILAKOM POLICE STATION, THRISSUR DISTRICT. BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ

K. ABRAHAM MATHEW, J.

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Bail Appl. No.3238 of 2015 ............................................... Dated this the 11th day of June, 2015

O R D E R

Petition filed under Sec.438 Cr.P.C.

2. Petitioners are accused in Crime No.391 of 2015 of Mathilakom Police station. They are alleged to have committed the offences under Secs.143, 147, 148, 324 and 308 read with Sec.149 of Indian Penal Code. The prosecution case is that the petitioners and others pelted stones at the 1st informant and others.

3. Heard both sides.

4. Learned counsel submits that it was a clash between the workers of two political parties and the 1st informant sustained only minor injuries and Sec.308 IPC is not attracted.

5. The first informant did not sustain any serious injuries. Detention of the petitioners is not necessary for effective investigation.

In the result, the bail application is allowed.

1) The petitioner shall be released on bail after

Bail Appl. No.3238 of 2015 2 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 connection with this case.

2) They shall appear before the Investigating Officer between 10 a.m. to 11a.m. on every Friday for four months or till the final report is filed whichever is earlier.

3) They shall not destroy or tamper with evidence.

4) They shall not get themselves involved in any other criminal case.

5) They shall not intimidate or attempt to influence the witnesses.

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 / True Copy / NS P.A. To Judge