Kerala High Court
Genesan. K.P vs State Of Kerala on 3 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
MONDAY, THE 3RD DAYOF APRIL 2017/13TH CHAITHRA, 1939
Bail Appl..No. 2000 of 2017 ()
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CRIME NO. 247/2017 OF KUNNAMANGALAM POLICE STATION, KOZHIKODE DIST.
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PETITIONERS/ACCUSED:
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1. GENESAN. K.P.,
AGED 42 YEARS, S/O. MOOTHORAN,
THULASEEDALAM, PADINJAREPERADI,
KUNNAMANGALAM, KOZHIKODE.
2. SHIBU P.,
AGED 37 YEARS, S/O.SEKHARAN,
PALAKKATTIL, PANDEERPADAM,
KUNNAMANGALAM, KOZHIKODE.
3. SUJEESH K.,
AGED 32 YEARS, S/O. SUBRAMANIAN,
KOODATHALUMMAL, MURIANAL,
KUNNAMANGALAM, KOZHIKODE.
4. SREERAJ,
AGED 45 YEARS, S/O. CHATHUKUTTY, KAYAKKAL,
PANDEERPPADAM, KUNNAMANGALAM, KOZHIKODE.
5. THANEESH K.P.,
AGED 25 YEARS, S/O. SUDHAKARAN K.P.,
KARUVARAPPATTA, MURIANAL,
KUNNAMANGALAM, KOZHIKODE.
BY ADVS.SRI.S.RAJEEV,
SRI.K.K.DHEERENDRAKRISHNAN,
SRI.V.VINAY,
SRI.D.FEROZE.
RESPONDENTS/STATE/COMPLAINANT:
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1. STATE OF KERALA,
REP. BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM - 682 031,
(CRIME NO.247/2017 OF KUNNAMANGALAM POLICE STATION,
KOZHIKODE DISTRICT).
Bail Appl..No. 2000 of 2017
2. STATION HOUSE OFFICER,
KUNNAMANGALAM POLICE STATION,
KOZHIKODE DISTRICT - 673 571,
(CRIME NO.247/2017 OF KUNNAMANGALAM POLICE STATION,
KOZHIKODE DISTRICT).
BY PUBLIC PROSECUTOR SMT.PRIYA SHANAVAS.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 03-04-2017, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
rs.
K.ABRAHAM MATHEW, J.
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B.A.No.2000 of 2017
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Dated this the 3rd 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.247/2017 of Kunnamangalam Police Station registered for the offences under Sections 143, 147, 148, 188, 323, 324 and 332 read with 149 IPC. The prosecution case is that they were activists of RSS and they armed with deadly weapons formed themselves into an unlawful assembly pelted stones at the police personnel who were on patrol duty at the place of occurrence and in the incident some police officers sustained injuries.
2. The learned counsel submits that the allegations are false and the petitioners only shouted slogans against the police.
3. Heard the learned counsel for the petitioners and the learned Public Prosecutor.
4. The case diary reveals that three police officers B.A.No.2000 of 2017 2 sustained very minor injuries like tenderness. Detention of the petitioners is not necessary for effective investigation.
In the result, the application is allowed.
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 3 pm and 4 pm every day for seven days form the date of their release.
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 get himself involved in any other criminal case while they are on bail.
6) They shall not intimidate or attempt to influence the witnesses.
In case of violation of any of the above conditions, B.A.No.2000 of 2017 3 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