M.C. Pradeep v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD FRIDAY, THE 4TH DAY OF DECEMBER 2015/13TH AGRAHAYANA, 1937 Bail Appl..No. 7395 of 2015 ------------------------------------- CRIME NO. 1298/2015 OF MALA POLICE STATION, TRISSUR ------------------ PETITIONER(S)/ACCUSED:

------------------------------------- M.C. PRADEEP, AGED 52 YEARS, S/O.CHATHU, HEAD CLERK, BLOCK PANCHAYAT OFFICE, MALA, RESIDING AT MANAPARAMBIL HOUSE, THUMBOOR DESOM MUKUNDAPURAM TALUK, TRISSUR DISTRICT.

BY ADV. SRI.M.C.GOPI RESPONDENT(S)/STATE:

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1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI-31.

2. CIRCLE INSPECTOR OF POLICE, MALA, TRISSUR DISTRICT-680732.

BY SENIOR PUBLIC PROSECUTOR SRI.C.RASHEED THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ

A.HARIPRASAD, J.

------------------------------------------------ ------------------------------------------------ Dated this the 4th day of December, 2015

O R D E R

Application filed under Section 438 of the Code of Criminal Procedure.

2.

Petitioner is the accused in Crime No.1298 of 2015 of Mala Police Station registered for the offences punishable under Sections 136(1)(c)(d)(f) and (2) of the Representation of Peoples Act and Section 138 of the Panchayath Raj Act and Section 3(1) of the Prevention of Damages to Public Property Act.

3.

Heard both sides.

4.

Learned Public Prosecutor on instructions submitted that the report of the Returning Officer shows that 104 ballet papers involved in the dispute were not destroyed by the petitioner but the cover of the ballet papers alone were destroyed.

5.

Considering the nature of the allegations, I am inclined to grant anticipatory bail to the petitioner with the following conditions:

(a) In the event of arrest in Crime No.1298 of 2015 of Mala Police Station, he shall be released on bail on executing a bond for `25,000/- (Rupees twenty five thousand only) with two solvent sureties for the like sum to the satisfaction of the Investigating Officer.

(b) The petitioner shall appear before the Investigating Officer as and when required for the purpose of interrogation.

(c) The petitioner shall co-operate with the investigation of the case.

(d) The petitioner shall not intimidate or attempt to influence the witnesses.

(e) The petitioner shall not in any manner interfere or meddle with the investigation.

(f) The petitioner 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.

AS /True Copy/ P.A. To Judge