Karuvarathodi Balan v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD THURSDAY, THE 3RD DAY OF DECEMBER 2015/12TH AGRAHAYANA, 1937 Bail Appl..No. 7493 of 2015 () ------------------------------- CRIME NO. 1126/2015 OF TANUR POLICE STATION, MALAPPURAM DISTRICT ------------------ APPLICANTS/ACCUSED NOS.1 TO 3 :

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1. KARUVARATHODI BALAN AGED 53 YEARS, S/O.VELU, VELLIYAMBRAM, THEYYALINGAL POST MALAPPURAM DISTRICT.

2. NOTTAM VEETTIL ABID AGED 38 YEARS, S/O.MOIDEEN, VELLIYAMBRAM, THEYYALINGAL POST MALAPPURAM DISTRICT.

3. PALLIKKATTIL SUJEENDRAN AGED 35 YEARS, S/O.GANGADHARAN NAIR, MELEPPURAM, THEYYALINGAL POST MALAPPURAM DISTRICT.

BY SENIOR ADVOCATE SRI.P.VIJAYA BHANU BY ADVS.SRI.V.C.SARATH SRI.THOMAS J. ANAKKALLUNKAL RESPONDENT/COMPLAINANT :

---------------------------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.

BY PUBLIC PROSECUTOR SMT. LALIZA T.Y.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn

A.HARIPRASAD, J.

-------------------------------------- B.A. No. 7493 of 2015 -------------------------------------- Dated this the 3rd day of December, 2015

ORDER

Petition under Section 438 of the Code of Criminal Procedure. 2.

Petitioners are accused Nos.1 to 3 in Crime No.1126 of 2015 of Tanur Police Station registered for offences punishable under Sections 143, 147, 148, 353, 447, 427, 283 and 332 r/w Section 149 I.P.C.

3.

Prosecution case, in short, is that on 09-11-2015 at about 6.45 p.m., while the police party was patrolling, they reached at the place of occurrence. They saw the accused as members of unlawful assembly armed with deadly weapon and the accused were committing rioting. When the police officers intervened, the police party was attacked causing injury to the police men and caused damage to the vehicle of a private citizen.

4.

Heard the learned counsel for the petitioners and the learned Public Prosecutor.

5.

Considering the nature of allegations, I am inclined to grant pre-arrest bail to the petitioners. Hence, following directions

B.A. No. 7493 of 2015 2 are made :

1. Petitioners shall surrender before the investigating officer within a period of two weeks from today and submit themselves for interrogation. In that event, the petitioners 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.

3.

Petitioners shall deposit a sum of Rs.1,000/- each (Rupees one thousand only) before the learned Magistrate within a period of one week after execution of bond.

4. Petitioners shall appear before the Investigating Officer as and when directed.

5.

Petitioners shall not influence or intimidate witnesses.

6. If any of the above conditions is violated by the petitioners, the learned Magistrate having jurisdiction is free to cancel the bail.

A. HARIPRASAD JUDGE amk