Vinoj @ Kannan v. The State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.HARIPRASAD THURSDAY, THE 8TH DAY OF OCTOBER 2015/16TH ASWINA, 1937 Bail Appl..No. 6099 of 2015 -------------------------------------- CRIME NO. 693/2015 OF VARANDARAPPALLY POLICE STATION, THRISSUR ---------------------- PETITIONER(S)/ACCUSED PERSON:
--------------------------------------------------- VINOJ @ KANNAN, AGED 32 YEARS, S/O.THOMAS, MALYEKKAL HOUSE, VELUPPADAM, VELUPPADAM VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT.
BY ADVS.SRI.G.SREEKUMAR (CHELUR) SRI.N.L.BITTO RESPONDENT(S)/COMPLAINANT:
------------------------------------------------ THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, VARANTHARAPPILLY POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULM, 682031.
BY PUBLIC PROSECUTOR SMT.T.Y.LALIZA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ
A.HARIPRASAD, J.
------------------------------------------------ B.A No.6099 of 2015 ------------------------------------------------ Dated this the 8th day of October, 2015.
O R D E R
Application for pre-arrest bail under Section 438 Cr.P.C. 2.
Petitioner is the accused in Crime No.693 of 2015 of Varantharappilly Police Station registered for offences punishable under Sections 353 I.P.C 3.
Prosecution case, in short, is that on 20-09-2015 at about 4.45 p.m., the petitioners obstructed the defacto complainant from discharging his official duties. The defacto complainant is a Police Officer.
4.
Heard the learned counsel for the petitioner and the learned Public Prosecutor.
5.
The allegation is that the petitioner pushed the defacto complainant when he questioned on seeing the defacto complainant at a particular place. Having regard to the facts and circumstance of the case, I am of the view that the petitioner is entitled to plead for pre-arrest bail under Section 438 of the
B.A No.6099 of 2015 2 Code of Criminal Procedure. Therefore, following directions are made :
1. Petitioner shall surrender before the investigating officer within a period of one week from 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. Petitioner shall appear before the Investigating Officer as and when directed.
4. Petitioner shall not influence or intimidate witnesses.
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// amk P.A to Judge