Sanjay @ Kochumon v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW MONDAY, THE 17TH DAY OF AUGUST 2015/26TH SRAVANA, 1937 Bail Appl..No. 4787 of 2015 () ------------------------------- CRIME NO. 1047/2015 OF PEECHI POLICE STATION , THRISSUR DISTRICT ------------------- PETITIONER :

----------------------- SANJAY @ KOCHUMON, AGED 41 YEARS, S/O. CHAKRAPANI, KOCHUPARMBIL HOUSE, VILANGANOOR, PEECHI, THRISSUR DISTRICT -680 653 BY ADV. SRI.RAJIT RESPONDENT :

-------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM.

BY PUBLIC PROSECUTOR SMT. LALIZA.T.Y.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17-08-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

sts

K. ABRAHAM MATHEW, J.

==================== B.A.No. 4787 of 2015 - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of August, 2015

O R D E R

Petition filed under Section 438 Cr.P.C.

2.

Petitioner is the 2nd accused in Crime No. 1047 of 2015 of Peechi Police Station. He is accused of having committed the offences under Sections 120(B) and 153(A) of the Indian Penal Code.

3.

The allegation is that they caused damage to the statue of former Prime Minister of India, Smt. Indira Gandhi. 3.

Heard.

4.

It is very doubtful whether Section 153(A) IPC is attracted. It is not proper for me to make any comments about the merits of the prosecution case at this stage. I have no doubt that the petitioner is entitled to anticipatory bail. In the result, this application is allowed.

1)The petitioner shall be released on bail 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

B.A.No. 4787 of 2015 -: 2 :- connection with this case.

2)He shall surrender his passport before the lower court concerned or if he does not have one, he shall file an affidavit to that effect within five days of his release.

3)He shall not leave India without the previous permission of the court of enquiry or trial court as the case may be.

4)He shall appear before the Investigating Officer for interrogation if he is so required by him in writing.

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

6)He shall not destroy or tamper with evidence. 7)He shall not get himself involved in any other criminal case while he is on bail.

If the petitioner surrenders before the Magistrate this order is not applicable and the learned Magistrate may pass appropriate orders.

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 DST //True copy// P.A. To Judge