Sam C.George 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. 4803 of 2015 -------------------------------------- CRIME NO. 2115/2015 OF ALUVA POLICE STATION , ERNAKULAM ------------------ PETITIONER(S)/ACCUSED:

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1. SAM C.GEORGE, AGED 36 YEARS, S/O.GEORGE, CHAKKALAYIL HOUSE, CUSAT PO, KALAMASSERY, ERNAKULAM DISTRICT.

2. DEEPAMOL JACOB, AGED 29 YEARS, W/O.SAM C GEORGE, CHAKKALAYIL HOUSE, CUSAT PO, KALAMASSERY, ERNAKULAM DISTRICT.

BY ADVS.SRI.N.P.PRAJEESH SRI.BIJO THOMAS GEORGE RESPONDENT(S)/COMPLAINANT:

----------------------------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, ALUVA POLICE STATION, ERNAKULAM, BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, 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: PJ

K. ABRAHAM MATHEW, J.

---------------------- B.A. No.4803 of 2015 -------------------------------------------- Dated this the 17th day of August 2015

O R D E R

Petition filed under Section 438 Cr.P.C.

2. Petitioners are accused in Crime No.2115 of 2015 of Aluva Police station registered for the offences under Secs.294(b), 323, 427 and 353 of the Indian Penal Code. The prosecution case is that at a public place, they uttered obscene words, wrongfully restrained the driver and conductor of a KSRTC bus, assaulted them with hands and caused damage to the bus.

3. Heard both sides.

4. The nature of the allegations do not require detention of the petitioners. So, I am inclined to grant the prayer of the petitioners.

In the result the bail application is allowed. 1)The petitioners shall be released on bail on their executing a bond for Rs.25,000/- (Rupees twenty five thousand only) each

B.A. No.4803 of 2015 2 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 for interrogation between 10.00 a.m. and 11.00 a.m. on 25.08.2015.

3) The petitioners shall surrender their passports before the lower court concerned or if they do not have one, file affidavits to that effect.

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

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

6) They shall not destroy or tamper with evidence nor shall they get themselves involved in any other criminal case.

7) They shall co-operate with investigation of

B.A. No.4803 of 2015 3 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