Prabhakaran 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. 4861 of 2015 ------------------------------- CRIME NO. 413/2015 OF BEKAL POLICE STATION, KASARAGOD DISTRICT. ..........

PETITIONER/ACCUSED NO.3:

-------------------------------------------- PRABHAKARAN V. @ CHEKKU, AGED 30, S/O.KUMARAN V.K., PARUVAMKODE, BARA VILLAGE, KASARAGOD DISTRICT.

BY ADV. SRI.S.VISHNU (TRIPUNITHURA) RESPONDENT/COMPLAINANT:

-------------------------------------------- STATE OF KERALA, REPRESENTED BY THE S.H.O.

BEKAL POLICE STATION(CRIME 413/15) REPRESENTED 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:

mbr/

K. ABRAHAM MATHEW, J.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of August, 2015

O R D E R

Petition filed under Section 439 Cr.P.C 2.

Petitioner is the third accused in Crime No.413 of 2015 of bekal Police Station, Kasaragod District. He is said to have committed the offences under Sections 143, 147, 148, 153, 427, 295, 341, 326, 307 read with Section 149 of Indian Penal Code 3.

The prosecution case is that he along with the co-accused with an intention of causing previous enmity and disharmony disturbed the prayer which was being conducted in a Juma Masjid and committed mischief in the Masjid causing a loss of Rs.6,000/- (Rupees Six thousand only) and caused damage to their vehicle causing a loss of Rs.50,000/- (Rupees Fifty thousand only).

4.

Heard.

5.

The petitioner has been in custody since 17.07.2015. His further detention 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 will be released on bail on his executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate concerned.

2) He shall appear before the Investigating Officer between 10.00 a.m and 11.00 a.m every Monday and Thursday for four months.

3) He shall surrender his passport before the lower court concerned or if he does not have the one, file an affidavit to that effect.

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

5) He shall not destroy or tamper with evidence nor shall he get himself involved in any other criminal case.

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

7) He shall not enter the local limits of Bekal police station till the conclusion of the investigation except for complying with the direction in this order.

8) He shall deposit in the trial court Rs.4750/-

(Rupees Four thousand seven hundred fifty only) before he is released on bail.

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 R.AV //True Copy// PA to Judge