Father Albert Anandraj v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.HARIPRASAD THURSDAY, THE 10TH DAY OF DECEMBER 2015/19TH AGRAHAYANA, 1937 Bail Appl..No. 7602 of 2015 -------------------------------------- CRIME NO. 843/2015 OF KOZHINJAMPARA POLICE STATION, PALAKKAD .........
PETITIONER(S)/ACCUSED NOS. 1 TO 8:
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1. FATHER ALBERT ANANDRAJ, AGED 48 YEARS, S/O. M.A. ANTONY, CHRIST KINGS CHURCH, SORAPARA, KOZHINJAMPARAM, PALAKKAD.
2. FATHER PAUL, AGED 45 YEARS, S/O. MICHAEL, ST. PETER & PAUL CHURCH, ERUTHIYAMPATHY, CHITTUR TALUK, PALAKKAD.
3. WILFRED RICHARD, AGED 40 YEARS, S/O. INNASI RAYAR, PAYANIYAR PALAYAM, KOZHIJAMPARA POST, CHITTUR TALUK, PALAKKAD.
4. NIRMAL KUMAR, AGED 24 YEARS, S/O XAVIER, PALANIAR PALAYAM PO, CHITTUR TALUK, PALAKKAD.
5. THANGARAJ, AGED 35 YEARS, S/O SOORYAMANICKAM, SORAPPARA, KOZHIPPARA P.O., CHITTUR TALUK, PALAKKAD.
6. A.S. BIRTTO, AGED 36 YEARS, S/O MICHAEL JOSEPH, PALANIAR, PALANIAR PALAYAM P.O., CHITTUR TALUK, PALAKKAD.
7. Y. BERNARD BOSCO, AGED 27 YEARS, S/O YAGAPPAN, PALANIAR PALAYAM, PALANIAR PALAYAM P.O., CHITTUR TALUK, PALAKKAD.
8. Y. JOHN PAUL, AGED 29 YEARS, S/O YAGAPPAN, PALANIAR PALAYAM, PALANIAR PALAYAM P.O., CHITTUR TALUK, PALAKKAD.
BY ADVS.SRI.P.VIJAYA BHANU (SR.) SRI.V.C.SARATH SMT.MITHA SUDHINDRAN msv/ -2-
-2RESPONDENT(S)/COMPLAINANT:
----------------------------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR SRI.C.RASHEED THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: msv/
A.HARIPRASAD, J --------------------------------------- ---------------------------------------- Dated this the 10th day of December, 2015
ORDER
Bail application filed under Sec.438 Cr.P.C.
2. The petitioners are accused nos. 1 to 8 in crime no. 843/2015 of Kozhinjampara Police Station for the offence punishable under Sections 143, 147, 153, 188, 283, 353 read with Section 149 of IPC and Section 3(1) of PDPP Act.
3. The prosecution case is that on 05.11.2015, at about 2.30 p.m, the accused persons formed themselves into an unlawful assembly in furtherance of a common object, armed with stones and wooden stick. They tried to interrupt the voters from proceeding to polling booth set up for the Local Body Election. Police intervened and tried to disburse the crowd. At that time, the accused persons pelted stones and caused a loss of Rs.2,000/- to the police jeep.
4. Heard both sides.
5. The learned Public Prosecutor opposed the
application.
6. Considering the nature of allegations, following directions are issued.
1. In the event of arrest, the petitioners shall be released on his 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.
2. The petitioners shall appear before the Investigating Officer as and when directed by them in writing.
3. The petitioners shall not intimidate or attempt to influence the witnesses, nor shall he tamper with the evidence.
4. The petitioners shall deposit Rs.1,000/- before the learned Magistrate within a period of one week from the date of execution of the bond.
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// P.A. TO JUDGE AD