Santhosh v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.HARIPRASAD MONDAY, THE 23RD DAY OF NOVEMBER 2015/2ND AGRAHAYANA, 1937 Bail Appl..No. 6252 of 2015 () ------------------------------- CRIME NO. 858/2015 OF AYIROOR POLICE STATION, THIRUVANANTHAPURAM -------------------- PETITIONER/ACCUSED :
------------------------------------- SANTHOSH AGED 35, S/O.SATHYADEVAN, KUZHIVILA VEEDU KUZHIVILA DESOM, AYIROOR VILLAGE, VARKALA THIRUVANANTHAPURAM.
BY ADV. SRI.SHAJIN S.HAMEED RESPONDENT/STATE :
---------------------------------- STATE OF KERALA REPRESENTED THROUGH THE SUB INSPECTOR OF POLICE AYIROOR POLICE STATION REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SMT. REMA R.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn
A.HARIPRASAD, J.
------------------------------------------------ B.A No.7198 of 2015 ------------------------------------------------ Dated this the 23rd day of November, 2015.
O R D E R
Application for pre-arrest bail under Section 438 Cr.P.C. 2.
Petitioners are accused Nos.2, 5, 3, 6, 8, 10 and 9 in Crime No.488 of 2015 of Alathur Police Station registered for offences punishable under Sections 143, 145, 147, 148, 152, 332, 188 and 283 r/w Section 149 I.P.C.
3.
Prosecution case, in short, is that on 18-04-2015 at about 19.15 a.m., around 200 persons belonging to two political outfits, formed themselves into an unlawful assembly armed with weapons. When the Police Officers tried to disperse the mob, they pelted stones causing injury to the Police Officers and thereby prevented discharge of their duty.
4.
Heard the learned counsel for the petitioners and the learned Public Prosecutor.
5.
Learned counsel for the petitioners submitted that around 200 persons were in the assembly and the petitioners were not
B.A No.7198 of 2015 2 named in the first information statement or other documents. Learned Public opposed the bail application. Considering the nature of allegations and the injuries sustained by the defacto complainant, I find that bail can be granted to the petitioners with following directions :
1. Petitioners shall surrender before the investigating officer within a period of two weeks from today and submit themselves for interrogation. In that event, they shall be released on bail on executing a bond for Rs.25,000/- each (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. The Investigating Officer need not insist on the solvency certificate, but other documents can also be perused to find out whether the sureties are solvent or not.
B.A No.7198 of 2015 3 3 Petitioners shall appear before the Investigating Officer as and when directed.
4. Petitioners shall not influence or intimidate witnesses.
5. If any of the above conditions is violated by the petitioners, the learned Magistrate having jurisdiction is free to cancel the bail.
Sd/- A.HARIPRASAD, JUDGE.
amk //True copy// P.A to Judge