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High Court of KeralaBail Appl./5297/2015allowed

Dr.Abhilash Asokan v. The State Of Kerala

2015-09-02Honourable Mr. Justice A.Hariprasad3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD WEDNESDAY, THE 2ND DAY OF SEPTEMBER 2015/11TH BHADRA, 1937 Bail Appl..No. 5297 of 2015 () ------------------------------- CRIME NO. 928/2015 OF NOORANAD POLICE STATION, ALAPPUZHA DISTRICT ------------------- PETITIONER/ACCUSED:

------------------------------------- DR.ABHILASH ASOKAN, S/O.K.ASOKAN,AGED 30 YEARS, THRIKARTHIKA, PADANAYARKULANGARA NORTH, PADANAYARKULANGARA NORTH, KARUNAGAPPALLY TALUK, KOLLAM DISTRICT-690 518.

BY ADVS.SRI.K.M.FIROZ SRI.A.A.SHIBI SMT.M.SHAJNA SRI.S.KANNAN SRI.UMMUL FIDA RESPONDENT/STATE:

---------------------------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, NOORANAD POLICE STATION, THROUGH 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 02-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

sts

A. HARIPRASAD, J.

==================== B.A.No.5297 of 2015 - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of September, 2015

O R D E R

Petition filed under Section 438 Cr.P.C.

2.

Petitioner is the accused in Crime No.928 of 2015 of Nooranad Police Station. Petitioner is involved in an offence punishable under Section 2 of the Prevention of Insults to National Honour Act, 1971.

3.

The prosecution case against him is that the National Flag hoisted on 15.08.2015, was not brought down after sunset and it was seen flown even on 16.08.2015.

4.

Heard both sides.

5.

Considering the nature of allegations, I feel that the custodial interrogation may not be necessary. In the result, this application is allowed.

(a)Petitioner shall surrender before the Investigating Officer within a period of fifteen days and submit himself for interrogation and thereafter, he shall execute a bond for Rs.25,000/- (Rupees Twenty Five Thousand Only) with two solvent sureties each for

B.A.No. 5297 of 2015 -: 2 :- the like sum each to the satisfaction of the Investigating Officer. In that event, he shall be released on bail in Crime No.928 of 2015 of Nooranad Police Station.

(b)The petitioner shall appear before the Investigating Officer as and when required for the purpose of interrogation.

(c)He shall co-operate with the investigation of the case.

(d)He shall not intimidate or influence the witnesses. (e)He shall not get himself involved in any other criminal case while he is on bail.

In case any of the above conditions is violated, bail granted hereby is liable to be cancelled for which the investigating officer may move application before the jurisdictional magistrate. Sd/- A. HARIPRASAD, JUDGE DST //True copy// P.A. To Judge