V.P.Sebastian v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.HARIPRASAD MONDAY, THE 2ND DAY OF NOVEMBER 2015/11TH KARTHIKA, 1937 Bail Appl..No. 6019 of 2015 ------------------------------------------ CRIME NO. 582/2014 OF ATHIRAPPILLY POLICE STATION , THRISSUR DISTRICT ------------------- PETITIONER(S)/ACCUSED :
----------------------------------------- V.P.SEBASTIAN, AGED 63 YEARS, VADAKKUMCHERIL HOUSE, KUNNAPPILLY P.O., ADICHILY, THRISSUR DISTRICT.
BY ADVS.SRI.M.SASINDRAN SRI.A.ARUNKUMAR RESPONDENT(S)/COMPLAINANT & STATE :
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1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.
2. THE STATION HOUSE OFFICER, (CRIME NO. 582/2014 OF ATHIRAPPILLY POLICE STATION), THRISSUR DISTRICT-680 001.
BY PUBLIC PROSECUTOR SMT.T.Y.LALIZA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Msd.
A. HARIPRASAD, J.
------------------------------ Bail Appl. No.6019 of 2015 -------------------------------------------- Dated this the 2nd day of November 2015
O R D E R
Bail application filed under Sec.438 Cr.P.C.
2. Petitioner is the accused in Crime No.582 of 2014 of Athirappilly Police station registered for the offences punishable under Secs.420 and 418 of the Indian Penal Code. Prosecution case in short is that, the accused undertook as a contractor to black top certain Panchayath roads and on 08.03.2014, he unloaded certain barrels of bitumen at a place different from the assigned place and thereby caused loss to the Government by cheating.
3. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
4. Learned Public Prosecutor opposed the bail application.
5. Learned counsel for the petitioner submitted that it was unloaded at a different place due to a communication gap and he has not committed any
Bail Appl. No.6019 of 2015 2 offence as alleged.
Considering the materials produced for perusal and after hearing the counsel on both sides, following directions are issued.
1. The petitioner shall surrender before the investigating officer within a period of two weeks and submit himself for interrogation.
2. In the event of arrest, the petitioner shall be released on his executing a bond for Rs.50,000/- (Rupees fifty thousand only)with two solvent sureties each for the like sum to the satisfaction of the investigating officer.
3. The petitioner shall appear before the Investigating Officer for interrogation as and when directed by him in writing.
4. The petitioner shall not intimidate or attempt to influence the witnesses, nor shall he tamper with the evidence.
5. The petitioner shall co-operate with investigation of the case.
Bail Appl. No.6019 of 2015 3 In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with law without referring the matter to this Court.
Sd/- A. HARIPRASAD JUDGE / True Copy / NS/02/11/2015 P.A. To Judge