Kerala High Court
Ramakrishnan K.N vs State Of Kerala on 4 September, 2012
Author: P.Bhavadasan
Bench: P.Bhavadasan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.BHAVADASAN
TUESDAY, THE 4TH DAY OF SEPTEMBER 2012/13TH BHADRA 1934
Bail Appl.No. 6211 of 2012 ()
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CRIME NO.1023/2012 OF TALIPARAMBA POLICE STATION, KANNUR DISTRICT
PETITIONER/ACCUSED 45:
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RAMAKRISHNAN K.N., AGED 52 YEARS
S/O.ACHUTHA VARIER, 'PARVATHI' NIVAS
THRICHAMBARAM, TALIPARAMBA.
BY ADV. SRI.P.NARAYANAN
RESPONDENT/COMPLAINANT(S):
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STATE OF KERALA
THROUGH STATION HOUSE OFFICER
TALIPARAMBA POLICESTATION,
REP. BY THE PUBLIC PROSECUTOR
HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04-09-2012
ALONG WITH BA No. 6212/2012, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
BKA
P.BHAVADASAN,J.
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B.A.Nos.6211 & 6212 OF 2012
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Dated this the 4th day of September, 2012
ORDER
This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner in B.A.No.6211 of 2012 is the 44th accused in Crime No.1023 of 2012 of Taliparamba Police Station for having offences under Sections 143, 147, 148, 283, 332 and 353 read with 149 IPC and Section 3(1) of the PDPP Act. The petitioners in B.A.No.6212 of 2012 are accused Nos. 10, 16, 36 to 44 and 47 to 55 in the same crime. All the petitioners are remanded to judicial custody.
2.The crime was registered on the basis of an incident that took place on 1.8.2012 noon, wherein about 500 CPI(M) workers lead by the local MLA staged a C.I office march in protest of the arrest of Sri.P.Jayarajan, the Secretary of CPI(M) Kannur District Committee and thereby formed an unlawful assembly and tried to trespass into the police station and pelted stones at the police station causing damage to the police station and public property.
3. After having heard the learned counsel for the petitioner and the learned Public Prosecutor and since the investigation has almost been completed, it is not necessary to detain the petitioners further. Therefore, the petition is allowed as follows:
B.A.Nos.6211 & 6212 OF 2012 2
1) Petitioners be released on bail on each of them executing a bond for Rs.25,000/- (Rupees Twenty Five Thousand only) with two solvent sureties each for the like sum each to the satisfaction of the JFCM, Taliparamba.
2) The learned Magistrate shall ensure the identity of the sureties and veracity of the tax receipts produced by the sureties.
3) The petitioner shall report before the Investigating Officer on every Thursday between 10 am and 11 am till final report is laid.
4) The petitioner shall produce his original passport before the learned Magistrate. If he is not having any valid passport, he shall file an affidavit to that effect, before the learned Magistrate.
5) The petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses.
B.A.Nos.6211 & 6212 OF 2012 3
P.BHAVADASAN, JUDGE cms