Sujin Kumar v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW THURSDAY, THE 20TH DAY OF AUGUST 2015/29TH SRAVANA, 1937` Bail Appl..No. 4798 of 2015 ------------------------------- CRIME NO. 750/2015 OF VATAGARA POLICE STATION, KOZHIKODE. .....

PETITIONER/ACCUSED:

---------------------------------- SUJIN KUMAR, AGED 22 YEARS, S/O.SURENDRAN, VANIYAM KUNNUMMAL HOUSE, MAYYANNUR P.O., VADAKARA TALUK.

BY ADVS.SRI.KRISHNADAS P. NAIR SMT.K.L.SREEKALA SRI.HARIDAS P.NAIR SMT.B.SABITHA (DESOM) SMT.K.JYOTHY RESPONDENT:

--------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.

BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20-08-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

mbr/

K. ABRAHAM MATHEW, J.

==================== B.A.No. 4798 of 2015 - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of August, 2015

O R D E R

Petition filed under Section 438 Cr.P.C.

2.

Petitioner is the accused in Crime No. 750 of 2015 of Vadakara Police Station. He is accused of having committed the offences under Sections 341 and 332 of the Indian Penal Code. 3.

The prosecution case is that he wrongfully restrained a Civil Police Officer and assaulted him and thus prevented him from discharging his duties.

4.

Heard.

5.

The Police Officer did not sustain any visible external injuries. It appears that detention of the petitioner is not necessary for effective investigation. So, I am inclined to grant the prayer of the petitioner.

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 connection with this case.

B.A.No. 4798 of 2015 -: 2 :- 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 between 10 a.m. and 11 a.m. on the 7th day of his release on bail.

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