Santhosh v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW FRIDAY, THE 27TH DAY OF FEBRUARY 2015/8TH PHALGUNA, 1936 Bail Appl..No. 8378 of 2014 () ------------------------------- CRIME NO. 768/2014 OF PANGODE POLICE STATION, THIRUVANANDAPURAM DISTRICT ----------------- PETITIONER/4TH ACCUSED :

---------------------------------------- SANTHOSH, AGED 45 YEARS, S/O.BALAKRISHNA PILLAI, UTHRADAM, KERATE VAMANAPURAM.

BY ADV. SRI.A.RAJASIMHAN RESPONDENT/STATE :

------------------------------- STATE OF KERALA THROUGH THE SUB INSPECTOR, PANGODE POLICE STATION, THIRUVANANTHAPURAM REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

BY PUBLIC PROSECUTOR SRI.V.S. SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27-02-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

bp

K. ABRAHAM MATHEW, J.

- - - - - - - - - - - - - - - - - - - - - - - B.A. No.8378 of 2014 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of February, 2015

O R D E R

Petition filed under Section 438 Cr.P.C.

The petitioner is the fourth accused in crime No.768/2014 of Pangode Police Station registered for the offences under Sections 143, 147, 149, 341, 294(b), 506(i) and 353 IPC. He is a member of the Vyapari Vyavasayi Ekopana Samithi.

2.

It is alleged that he along with the co-accused obstructed officers the Sales Tax department from conducting inspection of shops, wrongfully restrained them and threatened them and thus prevented them from discharging their duties as public servants.

3.

The learned counsel for the petitioner submits that the allegations are false and detention of the petitioner is not necessary for effective investigation. 4.

Heard.

5.

Having regard to the nature of the case, I am

B.A. No.8378 of 2014 -2satisfied that custodial interrogation of the petitioner is not necessary. So I am inclined to grant the prayer for anticipatory bail.

In the result, this application is allowed.

1) The petitioner shall be released on bail after interrogation on his executing a bond for Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like sum if he is arrested by the police in connection with this case.

2) He shall co-operate with the investigation.

This order is not applicable if the petitioner chooses to surrender before the Magistrate concerned and in such case the learned Magistrate may take appropriate action in accordance with the law.

sd/- K. ABRAHAM MATHEW JUDGE shg/