Babu Surendran @ I.K.Surendran v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.HARIPRASAD THURSDAY, THE 29TH DAY OF OCTOBER 2015/7TH KARTHIKA, 1937 Bail Appl..No. 5864 of 2015 -------------------------------------- CRIME NO. 211/2015 OF ADOOR POLICE STATION, PATHANAMTITTA .........
PETITIONER(S)/ACCUSED:
-------------------------------------- BABU SURENDRAN @ I.K.SURENDRAN, AGED 43 YEARS, S/O.KRISHNAN, KOCHUKUNJU, IKKATTUPARAMBIL, ATHIRAMPUZHA P.O., KOTTAYAM DISTRICT-686 562. BY ADV. SRI.P.KURUVILLA JACOB RESPONDENT(S):
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1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI-31.
2. THE STATION HOUSE OFFICER, ADOOR POLICE STATION - 689 645.
BY PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: msv/
A.HARIPRASAD, J.
------------------------------------------------ ------------------------------------------------- Dated this the 29th day of October, 2015
O R D E R
Application filed under Section 439 of the Code of Criminal Procedure.
2.
Petitioner is the accused in Crime No.211 of 2015 of Adoor Police Station registered for the offences punishable under Sections 294(b), 384 and 506(i) of the Indian Penal Code.
3.
Prosecution case is that the petitioner contacted the defacto complainant, a quarry owner, over telephone and introduced himself that he is the State President of Dalith Front State Committee and he wanted to meet the defacto complainant. The purpose of meeting was to discuss the dispute between quarry owner (defacto complainant) and the persons in the neighborhood. It is also contended that by exerting threat total amount of `53,000/- was extorted by the accused.
4.
Heard both sides.
5.
Learned counsel for accused submitted that the ingredients of the offence of extortion have not been
attracted in this case.
6.
Considering contentions raised by the parties, the following directions are issued:
(a) Petitioner shall surrender before the Investigating Officer within a period of 'one week' from today and submit himself for interrogation. Thereafter, he shall be released on bail on his executing a bond for `25,000/- (Rupees twenty five thousand only) with two solvent sureties for the like sum to the satisfaction of the Investigating Officer.
(b) The petitioner shall appear before the Investigating Officer as and when required for the purpose of interrogation.
(c) The petitioner shall co-operate with the investigation of the case.
(d) The petitioner shall not intimidate or attempt to influence the witnesses.
(e) The petitioner shall not in any manner
interfere or meddle with the investigation.
(f) The petitioner shall not, during the period of this bail get involved in any offence.
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.
AS /True Copy/ P.A. to Judge