Vishnu v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD FRIDAY, THE 6TH DAY OF NOVEMBER 2015/15TH KARTHIKA, 1937 Bail Appl..No. 6469 of 2015 () ------------------------------- CRIME NO. 888/2015 OF MANGALAPURAM POLICE STATION, THIRUVANANTHAPURAM --------------------- PETITIONER/APPREHENDING ARREST :

----------------------------------------------------------- VISHNU, AGED 22, S/O. SADANKUMAR, VISHNU BHAVAN, MULLASSERY MURUKKUMPUZHA, THIRUVANANTHAPURAM.

BY ADV. SRI.SHAJIN S. HAMEED RESPONDENT/STATE :

---------------------------------- STATE OF KERALA REPRESENTED BY THE SUB-INSPECTOR OF POLICE MANGALAPURAM POLICE STATION REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR SMT. LALIZA T.Y.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn

A. HARIPRASAD, J.

------------------------------ Bail Appl. No.6469 of 2015 -------------------------------------------- Dated this the 6th 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.888 of 2015 of Mangalapuram Police station registered for the offences punishable under Secs.143, 147, 148, 341, 294(b), 323, 324, 506(ii), 353 and 332 read with Sec.149 of the Indian Penal Code and Sec.3(1) of the Prevention of Damages to Public Property Act. Prosecution case is that on 27.08.2015 at about 20.10 hours, the Sub Inspector of Police found twenty persons consuming alcohol in a public waiting shed. On seeing the Police jeep, all the accused except accused nos.15 and 16 took to heels. The Police apprehended the said two accused persons. While so, other accused persons and four identifiable persons attacked the Police officers and caused damage to the official vehicle. Further, they set free accused nos.15 and 16 from lawful custody.

3. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

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4. Learned Public Prosecutor opposed the bail application.

5. Learned counsel for the petitioner submitted that the petitioner is made an accused only after filing of the anticipatory bail application. He is no way connected with the incident. It is also submitted that his sister's marriage is scheduled on 08.11.2015.

Considering all these facts, pre arrest bail is granted to the petitioner with the following conditions.

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.25,000/- (Rupees twenty five 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.

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4. The petitioner shall not intimidate or attempt to influence the witnesses, nor shall he tamper with the evidence.

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/06/11/2015 P.A. To Judge