Mavo v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.HARIPRASAD MONDAY, THE 30TH DAY OF NOVEMBER 2015/9TH AGRAHAYANA, 1937Q Bail Appl..No. 7483 of 2015 () ------------------------------- CRIME NO. 1582/2015 OF ALAPPUZHA SOUTH POLICE STATION, ALAPPUZHA DISTRICT --------------- PETITIONER/ACCUSED NO. 3 :
--------------------------------------------- MAVO, AGED 37, S/O. RAJU, VELIYIL (H), BEACH WARD THIRUVAMPADY P.O., ALAPPUZHA.
BY SENIOR ADVOCATE SRI.GRASHIOUS KURIAKOSE BY ADV. SRI.P.SHANES METHAR RESPONDENT :
------------------------ STATE OF KERALA REP. 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 30-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn
A.HARIPRASAD, J.
-------------------------------------- B.A. No.7483 of 2015 -------------------------------------- Dated this the 30th day of November, 2015
ORDER
Application for pre-arrest bail under Section 438 Cr.P.C. 2.
Petitioner is the third accused in Crime No.1582 of 2015 of Alappuzha South Police registered for offences punishable under Sections 294(b), 332, 143, 147, 148 and 149 I.P.C. 3.
Heard the learned Senior counsel for the petitioner and the learned Public Prosecutor.
4.
Prosecution case, in short, is that on 07-10-2015 at about 13.30 hours, the petitioner along with other persons, formed themselves into an unlawful assembly and in furtherance of their common object used criminal force, committed rioting and attacked the Police Officer on duty.
5.
The allegation is that the petitioner restrained the Police Officer and other accused persons attacked him. Learned Senior counsel for the petitioner submitted that the petitioner is innocent and he was only trying to pacify the group. Considering the nature
B.A. No.7483 of 2015 2 of allegations, following directions are made :
1. Petitioner shall surrender before the investigating officer within a period of two weeks from today and submit himself for interrogation. In that event, he shall be released on bail on executing a bond for Rs.25,000/- (Rupees fifty 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.
The petitioner shall appear before the Investigating Officer on all Saturdays between 10.00 and 11.00 a.m until final report is filed.
4. Petitioner shall not influence or intimidate witnesses.
5. 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, amk JUDGE. //True copy// P.A to Judge