Dr. Radhakrishnan v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD THURSDAY, THE 17TH DAY OF DECEMBER 2015/26TH AGRAHAYANA, 1937 Bail Appl..No. 7560 of 2015 () ------------------------------- CRIME NO. 1070/2015 OF OTTAPALAM POLICE STATION. .......

PETITIONERS/ACCUSED 1-20:

-------------------------------------------

1. DR. RADHAKRISHNAN, AGED 78 YEARS, LAKSHMI NIVAS, OTTAPPALAM, PALAKKAD DISTRICT.

2. S. RAJAN, AGED 70 YEARS, SRAMBIKKAL HOUSE, NEAR VETTAKKARAN TEMPLE, OTTAPPALAM, PALAKKAD DISTRICT.

3. M.K. VINODHAN, AGED 46 YEARS, AMBADI, CHANDRA VIHAR, OTTAPPALAM, PALAKKAD DISTRICT.

4. K. SASIKUMAR, AGED 45 YEARS, KARATHEDATH ANANDHA VIHAR, OTTAPPALAM, PALAKKAD DISTRICT.

5. M. GOPINATHAN, AGED 65 YEARS, MENOTH VEEDU, OTTAPPALAM, PALAKKAD DISTRICT.

6. V. MOHANAKUMAR, AGED 45 YEARS, LAVANYA, OTTAPPALAM, PALAKKAD DISTRICT.

7. M. PRABHANADHAN, AGED 55 YEARS, MENAKATH VEEDU, THOTTAKKARA, OTTAPPALAM, PALAKKAD DISTRICT.

8. C. RAMACHANDRAN, AGED 58 YEARS, SREEKRISHNA NIVAS, PALAPPURAM, OTTAPPALAM, PALAKKAD DISTRICT.

9. K. BALADRISHNAN, AGED 72 YEARS, SRUTHY, SUNDHARAYYAR ROAD, OTTAPPALAM, PALAKKAD DISTRICT.

Bail Appl..No. 7560 of 2015

10. K. KUTTIKRISHNAN, AGED 71 YEARS, SREENIDHI, THOTTAKKARA, OTTAPPALAM, PALAKKAD DISTRICT.

11. RAMAN NAIR, AGED 92 YEARS, PLAKKOTTUTHODI, MAILAMPURAM, OTTAPPALAM, PALAKKAD DISTRICT.

12. T.P. VENUGOPAL, AGED 70 YEARS, GREESHMA, ISN CONVENT ROAD, OTTAPPALAM, PALAKKAD DISTRICT.

13. A. VISWANADHAN, AGED 52 YEARS, KRISHNA KRIPA, MATHURAMANA ROAD, OTTAPPALAM, PALAKKAD DISTRICT.

14. K. MANIKANDAN, AGED 40 YEARS, KOTTAPADATH VEEDU, OTTAPPALAM, PALAKKAD DISTRICT.

15. C.K. RAMACHANDRAN, AGED 62 YEARS, CHERIKALLINMEL HOUSE, POOLAKKAPARAMBU, OTTAPPALAM, PALAKKAD DISTRICT.

16. S. RAMADAS, AGED 59 YEARS, SRAMBIKKAL VEEDU, THOTTAKKARA, OTTAPPALAM, PALAKKAD DISTRICT.

17. P. RAVEENDRAN, AGED 59 YEARS, PULLUR HOUSE, PALLATE ROAD, OTTAPPALAM, PALAKKAD DISTRICT.

18. K. SIVADAS, AGED 52 YEARS, KATTANAKKALAM, THOTTAKKARA, OTTAPPALAM, PALAKKAD DISTRICT.

19. S. SUKUMARAN, AGED 65 YEARS, SRAMBIKKAL VEEDU, OTTAPPALAM, PALAKKAD DISTRICT.

20. K. SURESH, AGED 44 YEARS, MINI SOUDHAM, OTTAPPALAM, PALAKKAD DISTRICT.

BY ADVS.SRI.P.P.THAJUDEEN, SRI.MANSOOR.B.H.

Bail Appl..No. 7560 of 2015 RESPONDENTS/COMPLAINANT/STATE:

----------------------------------------------------------

1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.

2. SUB INSPECTOR OF POLICE, OTTAPPALAM POLICE STATION, PALAKKAD DISTRICT-678 001.

BY SR. PUBLIC PROSECUTOR SRI.C. RASHEED.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

rs.

A. HARIPRASAD, J.

----------------------------- Bail Appl. No.7560 of 2015 -------------------------------------------- Dated this the 17th day of December 2015

O R D E R

Bail application filed under Sec.438 Cr.P.C.

2. Petitioners are accused nos.1 to 20 in Crime No.1070 of 2015 of Ottappalam Police station registered for the offences punishable under Secs.476, 471 and 465 read with Sec.34 of the Indian Penal Code. Prosecution case in short is that, the petitioners, who are the members of Chinakkathoor Pooram Committee, created letter pads and false receipts and collected money on behalf of the pooram committee.

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

4. Learned Public Prosecutor submitted that interrogation of the petitioners are necessary for advancement of the investigation.

Considering the nature of allegations, I am of the view that pre arrest bail can be granted to the petitioners with the following conditions.

1. The petitioners shall surrender before

Bail Appl. No.7560 of 2015 2 the investigating officer within a period of two weeks and submit themselves for interrogation.

2. In the event of arrest, the petitioners shall be released 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.

3. The petitioners shall appear before the Investigating Officer for interrogation as and when directed by him in writing.

4. The petitioners shall not intimidate or attempt to influence the witnesses, nor shall they 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/17/12/2015 P.A. To Judge