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High Court of KeralaBail Appl./4108/2015allowed

Kukku v. State Of Kerala

2015-07-20Honourable Mr. Justice K.Abraham Mathew4 pages

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. 4108 of 2015 () ------------------------------- CRIME NO. 545/2015 OF ATTINGAL POLICE STATION , THIRUVANANTHAPURAM DISTRICT ------------- PETITIONER/1ST ACCUSED:

-------------------------------------------- KUKKU, AGED 23 YEARS,S/O SATHEESAN, BLOCK NO. 30. PUKAYILATHOPPU, KURAKKADA, KORANI, THIRUVANANTHAPURAM DISTRICT.

BY ADV. SRI.P.ANOOP (MULAVANA) RESPONDENT :

---------------------------- STATE OF KERALA, REPRSENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA.

BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

sts

K. ABRAHAM MATHEW, J.

---------------------- B.A. No.4108 of 2015 -------------------------------------------- Dated this the 20th day of July 2015

O R D E R

Petition filed under Section 438 Cr.P.C.

2. Petitioner is accused in Crime No.545 of 2015 of Attingal Police Station registered for the offences under Secs.143, 147, 148, 149, 294(b), 341, 225, 323, 324 and 332 of the Indian Penal Code and Sec.3 of the Prevention of Destruction of Public Property Act. The prosecution case is that when the Police officers attached to Attingal Police station attempted to take custody of the accused involved in Crime No.283 of 2015, the petitioner along with the co-accused attempted to obstruct the attempt, assaulted the Police officers and caused damage to the Police vehicle and thus prevented them from discharging their official duties.

3. Heard both sides.

4. I have perused the wound certificates of the victims. They did not sustain any external injuries. Having regard to this fact, I am inclined to grant the prayer of

B.A. No.4108 of 2015 2 the petitioner.

In the result, the bail application is allowed.

1. The petitioner shall be released on bail after interrogation on his executing a bond for Rs.25,000/- (Rupees Twenty five thousand only) with two solvent sureties each for the like sum if he is arrested by the Police in connection with this case.

2. The petitioner shall appear before the Investigating Officer between 10.00 a.m. and 11.00 a.m. every Wednesday for three months or till the final report is filed, whichever is earlier.

3. The petitioner shall deposit in the court below Rs.2000/- within 5 days.

4. The petitioner shall not destroy or tamper with evidence nor shall he get himself involved in any other criminal case.

5. The petitioner shall not intimidate or attempt to influence the witnesses.

B.A. No.4108 of 2015 3

6. The petitioner 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 petitioner surrenders 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