G. Sanandan Unnithan v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.HARIPRASAD TUESDAY, THE 1ST DAY OF DECEMBER 2015/10TH AGRAHAYANA, 1937 Bail Appl..No. 7243 of 2015 ------------------------------- CRIME NO. 1656/2015 OF ENATHU POLICE STATION, PATHANAMTHITTA DISTRICT. ..........
PETITIONER(S)/ACCUSED NO.1 & 3:
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1. G. SANANDAN UNNITHAN, AGED 55 YEARS, S/O.GOPINATHAN UNNITHAN, RESIDING AT LEELA SADANAM, ELAMANOOR P.O., ENADIMANGALAM VILLAGE, ADOOR TALUK, PATHANAMTHITTA.
2. R.ANEESH KUMAR, AGED 36 YEARS, S/O.RAJAN PILLAI, RESIDING AT PARAKONATHU VEEDU, KURUMPAKARA P.O., ENADIMANGALAM VILLAGE, ADOOR TALUK, PATHANAMTHITTA.
BY ADV. SRI.MANU RAMACHANDRAN RESPONDENT/COMPLAINANT/STATE:
----------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, ENATHU POLICE STATION, PATHANAMTHITTA DISTRICT, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM - 682 031.
BY PUBLIC PROSECUTOR SMT.T.Y.LALIZA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01-12-2015 ALONG WITH BA.7247/2015 & BA.7252/2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: mbr/
A.HARIPRASAD, J.
========================== ========================== Dated this the 1st day of December, 2015
O R D E R
Application filed under Section 438 of the Code of Criminal Procedure.
2.
Petitioners are accused in Crime Nos.1656/2015 and 1657/2015 of Enathu Police Station and 2890/2015 of Adoor Police Station. In all these cases they are charged for the offences punishable under Sections 353, 452 read with 34 of the Indian Penal Code and in one case with offences punishable under Sections 138 (f) and (g) of Kerala Panchayat Raj Act.
3.
Heard the learned counsel for the petitioners and learned Public Prosecutor.
4.
The prosecution case in short is that, on the day of Panchayat election, namely on 05-11-2015, the petitioners along with others disrupted the election process and attacked the Police Officers on election duty. It is also alleged that they have forcibly spilled the indelible ink, kept for marking the voters.
-:2:- 5.
Considering the nature of allegations, I am inclined to grant anticipatory bail to the petitioners with the following conditions:
(a) In each crime the petitioners shall surrender before the Investigating Officer within a period of 'two weeks' from today and submit themselves for interrogation. Thereafter, each one of the petitioners shall be released on bail on their executing a bond for Rs.25,000/- (Rupees Twenty Five Thousand Only) each with two solvent sureties each for the like sum to the satisfaction of the Investigating Officer.
(b) The petitioners shall appear before the Investigating Officer on all Saturdays between 10.00 a.m and 11.00 a.m. until the final report is filed.
(c) The petitioners shall co-operate with the investigation of the case.
(d) The petitioners shall not intimidate or
-:3:- attempt to influence the witnesses.
(e) The petitioners shall not in any manner interfere or meddle with the investigation.
(f) Petitioners shall not, during the period of this bail get involved in any offence.
In case any of the above conditions is violated, bail granted hereby is liable to be cancelled for which the investigating officer may move application before the jurisdictional magistrate.
Sd/- A.HARIPRASAD, JUDGE.
AVS // TRUE COPY// P.A TO JUDGE