Kerala High Court
Vikas A.M vs Sub Inspector Of Police on 5 April, 2017
Author: K.Abraham Mathew
Bench: K.Abraham Mathew
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW
WEDNESDAY, THE 5TH DAY OF APRIL 2017/15TH CHAITHRA, 1939
Bail Appl..No. 1951 of 2017 ()
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CRIME NO. 81/2017 OF PERUVANNAMUZHY POLICE STATION, KOZHIKODE
PETITIONER(S):
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1. VIKAS A.M.,
AGED 32 YEARS,
S/O.KUNHIRAMAN,
PERAMBRAKUNNUMMAL HOUSE,
THANDORAPARA P.O.,
KOZHIKODE DISTRICT.
2. NISAR K.,
AGED 31 YEARS,
S/O.KUNJAHAMMED,
KALARIKKAL HOUSE,
THANDORAPARA P.O.,
KOZHIKODE DISTRICT.
3. SHINOJ P.K.,
AGED 35 YEARS,
S/O.KUNHIRAMAN,
PERAMBRAKUNNUMMAL HOUSE,
THANDORAPARA P.O.,
KOZHIKODE DISTRICT.
BY ADVS.SRI.P.V.KUNHIKRISHNAN
SRI.P.V.ANOOP
RESPONDENT(S):
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1. SUB INSPECTOR OF POLICE,
PERUVANNAMUZHY POLICE STATION,
KOZHIKODE, PIN-673528.
2. STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, KOCHI-682031.
BY PUBLIC PROSECUTOR SRI. AJITH MURALI
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
05-04-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
EL
K.ABRAHAM MATHEW, J.
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B.A.No.1951 of 2017
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Dated this the 5th day of April, 2017
O R D E R
Petition filed under Section 438 Cr.P.C.
2. The petitioners are accused in Crime No.81/2017 of Peruvannamuzhy Police Station registered for the offences under Sections 143, 145, 147, 148, 324, 332 and 353 read with 149 IPC. They are said to be R.S.S. sympathisers. On 27.02.2017 CPI(M) workers, about 100 in number, were taking out a procession shouting slogans against BJP-RSS, when the petitioners and about 25 persons wrongfully restrained them. Knowing about this the police interfered in the matter. It is alleged that the petitioners and the co-accused assaulted the police officers and prevented them from discharging their duties.
3. Heard the learned counsel for the petitioners and the learned Public Prosecutor.
4. The co-accused has already been granted anticipatory bail by this Court by order in B.A.No.1975/2017. There is no reason why the petitioners should be denied the same order.
In the result, the application is allowed. B.A.No.1951 of 2017 2
1) The petitioners shall be released on bail after interrogation on their executing bond for Rs.25,000/- (Rupees Twenty Five Thousand only) each with two solvent sureties each for the like sum if they are arrested by the investigating officer in connection with this case.
2) They shall not destroy or tamper with evidence.
3) They shall appear before the investigating officer for interrogation between 10 am and 11 am on every 1st and 3rd Saturdays for three months after his release or till the final report is filed, whichever is earlier.
4) They shall surrender their passport before the lower court concerned or if they do not have one they shall file an affidavit to that effect within five days of their release.
5) They shall not intimidate or attempt to influence the witnesses, nor shall they get themselves involved in any other criminal case while they are on bail.
In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.
Sd/-
K.ABRAHAM MATHEW
JUDGE
sd // True Copy // P.A.to Judge