High Court of KeralaBail Appl./5899/2015allowed

K.R. Jayaram v. State Of Kerala

2015-10-14Honourable Mr. Justice A.Hariprasad3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD WEDNESDAY, THE 14TH DAY OF OCTOBER 2015/22ND ASWINA, 1937 Bail Appl..No. 5899 of 2015 ------------------------------- CRIME NO. 605/2015 OF PULPALLY POLICE STATION, WAYANAD DISTRICT. ............

PETITIONERS/ACCUSED:

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1. K.R. JAYARAM, AGED 41 YEARS, S/O LATE C.K.RAGHAVAN, KAMALA BHAVAN, PULPALLY P.O., WAYANAD DISTRICT.

2. K.R.JAYARAJAN, AGED 39 YEARS, S/O LATE C.K.RAGHAVAN, RAGHUNANDANAM, PULPALLY P.O., WAYANAD DISTRICT.

3. P.N.SIVADAS, AGED 53 YEARS, S/O NARAYANAN, PUTHANVEEDU, PULPALLY P.O., WAYANAD DISTRICT.

BY ADVS.SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN SRI.V.VINAY RESPONDENTS/STATE:

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

(CRIME NO.605/2015 OF PULPALLY POLICE STATION, WAYANAD DISTRICT)

2. STATION HOUSE OFFICER, PULPALLY POLICE STATION, WAYANAD DISTRICT-673579 (CRIME NO.605/2015 OF PULPALLY POLICE STATION, WAYANAD DISTRICT).

BY PUBLIC PROSECUTOR SMT.T.Y.LALIZA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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A.HARIPRASAD, J.

-------------------------------------- B.A. No.5899 of 2015 -------------------------------------- Dated this the 14th day of October, 2015

ORDER

Petition under Section 438 of the Code of Criminal Procedure. 2.

Petitioners are the accused in Crime No.605 of 2015 of Pulpally Police Station registered for offences punishable under Sections143, 144, 147, 148, 149, 283 and 353 of the Indian Penal Code. 3.

Gist of prosecution allegation is that on 07.09.2015 around 150 persons who are followers of SNDP Yogam, assembled and created a commotion. When Police interfered to pacify, they obstructed the duty of the Police and thereby committed the above said offences. 4.

Heard both sides.

Learned Prosecutor submitted that petitioners 1 and 3 are not accused in the crime. Second petitioner is the second accused in the crime. The allegation is that there was a push and pull in which the Police Officers were also involved.

There is no order in favour of petitioners 1 and 3 as they are not accused in the crime. Considering the nature of allegations, following directions are issued in favour of the second petitioner(second accused):

BA No.5899/2015 i.

Second petitioner shall surrender before the investigating officer within a period of one week and submit himself for interrogation. Thereafter he shall execute a bond for `25,000/- (Rupees twentyfive thousand only) with two solvent sureties each for the like sum to the satisfaction of the investigating officer. In that event, he shall be released on bail in Crime No.605 of 2015 of Pulpally Police Station. ii.

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

iii.

He shall appear before the investigating officer as and when directed in writing and co-operate with the investigation in the matter. iv.

He shall not influence or intimidate the witnesses. In case of violation of any of the above conditions, the officer concerned is free to arrest the second petitioner as if no order is passed. A. HARIPRASAD, JUDGE.

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