Akhil Babu v. The State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW WEDNESDAY, THE 5TH DAY OF AUGUST 2015/14TH SRAVANA, 1937 Bail Appl..No. 4551 of 2015 ------------------------------- CRIME NO. 572/2015 OF KUMILY POLICE STATION, IDUKKI DISTRICT. .........
PETITIONER(S)/ACCUSED 1-3:
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1. AKHIL BABU, S/O.K.N. BABU, KANIYAMPARAMBIL HOUSE, KUMILI. P.O, IDUKKI DISTRICT, NOW WORKING AS DEPUTY RANGE OFFICER (GRADE), FOREST SECTION OFFICE, THEKKADY P.O, IDUKKI DISTRICT, PIN-625509.
2. SUMESH PRABHU, S/O SOMANATHA PRABHU, LAKSHMI NIVAS, BEHIND ST. PETERS CHURCH, KUMBALANGI P.O, ERNAKULAM DISTRICT, NOW WORKING AS BEAT FOREST OFFICER, FOREST SECTION, THEKKADY P.O, IDUKKI DISTRCIT, PIN-625 509.
3. POULOSE C. GEORGE, S/O GEORGE, CHEMBALAYIL HOUSE, LEBBAKKANDAM, KUMILI P.O, IDUKKI DISTRICT, NOW WORKING AS BEAT FOREST OFFICER, FOREST SECTION, THEKKADY P.O, IDUKKI DISTRCIT, PIN-625 509.
BY ADVS.SRI.M.AJAY SRI.K.R.RAJKUMAR RESPONDENT(S)/STATE/INVESTIGATION OFFICER:
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1. THE STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGHCOURT OF KERALA, OFFICE OF THE ADVOCATE GENERAL, HIGH COURT BUILDINGS, ERNAKULAM, PIN-682 018.
2. THE STATION HOUSE OFFICER, KUMILI POLICE STATION, KUMILI PO, IDUKKI DISTRICT, PIN-625509.
BY PUBLIC PROSECUTOR SMT.REMA.R THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05-08-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
mbr/
K. ABRAHAM MATHEW, J.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of August, 2015
O R D E R
Petition filed under Section 438 Cr.P.C.
2.
Petitioners are accused in Crime No.572 of 2015 of Kumili Police Station, Idukki District. They are alleged to have committed the offences under Sections 294(b), 323 and 326 read with Section 34 of the Indian Penal Code. 3.
The prosecution case is that they assaulted the victim with a chair causing fracture of the bone of his right palm.
4.
Heard.
5.
The petitioners are officers of the forest department. Having regard to the nature of the allegations I am satisfied that their custodial interrogation is not necessary.
In the result, this application is allowed.
1.
The petitioners shall be released on bail after interrogation on their executing a bond for Rs.25,000/- (Rupees Twenty five thousand only) each if they are
arrested by the police in 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 get themselves involved in any other criminal case while they are on bail.
4.
They shall not intimidate or attempt to influence the witnesses.
5.
They shall not destroy or tamper with evidence. 6.
They shall surrender their passports before the lower court concerned of if they do not have one, they shall file an affidavit to that effect within five days of their release.
7.
They shall not leave India without the previous permission of the court of enquiry or trial court as the case may be.
In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with 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 R.AV //True Copy// PA to Judge