Paulson K.M v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD FRIDAY, THE 11TH DAY OF SEPTEMBER 2015/20TH BHADRA, 1937 Bail Appl..No. 5306 of 2015 () ------------------------------- CRIME NO. 582/2014 OF ATHIRAPPILLY POLICE STATION, TRISSUR DISTRICT ------------------ PETITIONER :

------------------ PAULSON K.M., AGED 51 YEARS, S/O.MATHEW, KUTTUPUZHAKKARAN HOUSE, VETTILAPPARA P.O.,CHALAKKUDY, THRISSUR DISTRICT. BY ADVS.SRI.M.SASINDRAN SRI.A.ARUNKUMAR RESPONDENTS/STATE & COMPLAINANT :

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

2. THE STATION HOUSE OFFICER, (CRIME NO.582 OF 2014 OF ATHIRAPPILLY, POLICE STATION) THRISSUR-680 020.

R1 & R2 BY PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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A.HARIPRASAD, J.

------------------------------------------------ B.A No.5306 of 2015 ------------------------------------------------ Dated this the 11th day of September, 2015.

O R D E R

Application for pre-arrest bail under Section 438 Cr.P.C. 2.

Petitioner is the second accused in Crime No.582 of 2014 of Athirappilly Police Station registered for offences punishable under Sections 420 and 418 I.P.C.

3.

Prosecution case, in short, is that the first accused, who is a contractor received bitumen from the authorities and instead of loading it at the assigned place, it was unloaded at a different place.

4.

Heard the learned counsel for the petitioner and the learned Public Prosecutor.

5.

Petitioner is only a workman under the first accused. According to him, he is not involved in any offence. Considering the nature of allegations, following directions are made :

1. Petitioner shall surrender before the investigating officer within a period of two weeks from

B.A No.5306 of 2015 2 today and submit himself for interrogation. In that event, the petitioner shall be released on bail on executing a bond for Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the Investigating Officer.

2. The sureties shall produce documents to establish their identity and solvency.

3. The petitioner shall appear before the Investigating Officer as and when directed.

4. The petitioner shall not influence or intimidate the witnesses or meddle with the investigation in any manner.

If any of the above conditions is violated by the petitioner, the learned Magistrate having jurisdiction is free to cancel the bail.

Sd/- A.HARIPRASAD, JUDGE.

//True copy// P.A to Judge amk