Vinod C Krishnan v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW MONDAY, THE 20TH DAY OF JULY 2015/29TH ASHADHA, 1937 Bail Appl..No. 4005 of 2015 () ------------------------------- CRIME NO. 432/2015 OF KARIPPUR POLICE STATION, MALAPPURAM DISTRICT. ......

PETITIONER/ACCUSED:

------------------------------------ VINOD C.KRISHNAN, AGED 35 YEARS, S/O.KRISHNANKUTTY, CHERUKUNNEL HOUSE, P.O. ELAPPARA, IDUKKI DISTRICT.

BY ADVS.SRI.T.K.AJITH KUMAR, SRI.K.T.SIDHIQ.

RESPONDENT/COMPLAINANT:

--------------------------------------------- STATE OF KERALA, BY THE SUB INSPECTOR OF POLICE, KARIPPUR POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

BY PUBLIC PROSECUTOR SRI.C. RASHEED.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20-07-2015, ALONG WITH B.A. NO.3964 OF 2015 AND BA NO.3970 OF 2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

rs.

K. ABRAHAM MATHEW, J.

---------------------- and 4005 of 2015 -------------------------------------------- Dated this the 20th day of July 2015

O R D E R

Petitions filed under Section 438 Cr.P.C.

2. Petitioners are accused in Crime No.432 of 2015 of the Karipur Police station registered for the offences under Secs.143, 147, 148, 326 and 302 read with Sec.149 of the Indian Penal Code. They are accused nos.12, 14 and 15. The prosecution version is this. The 1st accused who is working as a supervisor in the fire force attached to the Airport entered the premises of the Airport. When he was frisked by the CISF personnel, he did not like it. He abused the CISF personnel. There was an altercation between them. He summoned his colleagues including the petitioners. There was a group clash between the CISF personnel and the fire force personnel. One of the CISF personnel sustained bullet injuries, as a result of which, he died.

3. Heard.

4. Learned counsel for the petitioners submits

and 4005 of 2015 2 that the petitioners reached the place of occurrence as they received an alert call from their superior officer. They reached there in an ambulance so that the affected parties may be taken to hospital. According to them, they are not involved in the incident.

5. It appears that no overt act has been attributed to these petitioners. Having regard to these facts, I am inclined to grant their prayer.

In the result, the bail application is allowed.

1. The petitioners shall be released on bail after interrogation on their executing a bond for Rs.50,000/- (Rupees fifty 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. The petitioners shall appear before the Investigating Officer between 10.00 a.m.

and 11.00 a.m. on every 13th, 15th and 29th day of every month for three months commencing from this month or till the final report is filed,

and 4005 of 2015 3 whichever is earlier.

3. The petitioners shall not destroy or tamper with evidence nor shall they get themselves involved in any other criminal case.

4. The petitioners shall not intimidate or attempt to influence the witnesses.

5. The petitioners shall co-operate with investigation of the case.

In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.

If the petitioners surrender before the Magistrate, this order is not applicable and the learned Magistrate may pass appropriate orders.

Sd/- K. ABRAHAM MATHEW JUDGE / True Copy / NS P.A. To Judge