Subhash v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW THURSDAY, THE 13TH DAY OF AUGUST 2015/22ND SRAVANA, 1937 Bail Appl..No. 4880 of 2015 () ------------------------------- CRIME NO. 777/2015 OF NOORANADU POLICE STATION, ALAPPUZHA DISTRICT --------------------- PETITIONERS/ACCUSED NO. 7 AND 9 :
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1. SUBHASH AGED 30 YEARS, S/O.DAMODARAN, THURUTHI VADAKKETHIL, KARIMULACKAL MURI CHUNAKKARA VILLAGE, MAVELIKKARA TALUK ALAPPUZHA DISTRICT.
2. RAJESHKUMAR AGED 25 YEARS, S/O.RAMACHANDRAN, CHUNAKATHIL VEEDU, KARIMULACKAL MURI CHUNAKKARA VILLAGE, MAVELIKKARA TALUK ALAPPUZHA DISTRICT.
BY ADVS.SRI.K.B.ARUNKUMAR SRI.RANJIT BABU RESPONDENT :
------------------------ THE STATE OF KERALA REPRESENTED THROUGH THE SUB INSPECTOR OF POLICE NOORNADU POLICE STATION, ALAPPUZHA DISTRICT REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM, PIN 682 031. BY PUBLIC PROSECUTOR SRI. C. RASHEED THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13-08-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn
K. ABRAHAM MATHEW, J.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of August, 2015
O R D E R
Petition filed under Section 439 Cr.P.C.
2.
Petitioners are the accused in Crime No.777 of 2015 of Nooranadu Police Station. They are accused of having committed the offences under Sections 143, 147, 148, 332 and 283 read with Section 149 of the Indian Penal Code and Section 3(1) of Prevention from Destruction of Public Property Act.
3.
The prosecution case is that they formed themselves into an unlawful assembly, prevented officers of the Motor vehicles Department from inspecting vehicles on public road and caused damage to their vehicle causing the Government a loss of Rs.2,00,000/-.
4.
Heard.
5.
The petitioners have been in custody since 21.07.2015. Their further detention is not necessary for completion of the investigation. So I am inclined to grant their prayer for bail.
In the result, this application is allowed.
1.
The petitioners will be released on bail on their executing a bond for Rs.25,000/- (Rupees Twenty five thousand only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate concerned.
2.
They shall appear before the investigating officer if they are so required by him in writing. 3.
Each of them shall deposit in the trial court Rs.10,000/- (Rupees Ten thousand only) each before they are released on bail.
4.
They shall not threaten or attempt to influence the witnesses, nor shall they while on bail, get themselves involved in any criminal case; nor shall they destroy or attempt to destroy the evidence or interfere with the investigation.
5.
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.
6.
They shall not leave India without the previous
permission of the court of enquiry or trial court as the case may be.
If the petitioners violate any of the above conditions, the court of enquiry/trial is empowered to cancel the bail in accordance with the law.
sd/- K. ABRAHAM MATHEW JUDGE R.AV //True Copy// PA to Judge