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Kerala High Court

Ranjith.P.C vs The State Of Kerala on 30 July, 2019

Author: B.Sudheendra Kumar

Bench: B.Sudheendra Kumar

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

          THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR

      TUESDAY, THE 30TH DAY OF JULY 2019 / 8TH SRAVANA, 1941

                     Bail Appl..No.5059 of 2019

   CRIME NO.441/2019 OF Vadanappally Police Station , Thrissur


PETITIONER/ACCUSED NO.4:

              RANJITH.P.C
              AGED 39 YEARS
              S/O. CHANDRASEKHARAN, PATTATH HOUSE,
              10TH STONE DESOM, THALIKKULAM VILLAGE,
              CHAVAKKAD, THRISSUR DISTRICT

              BY ADVS.
              SRI.P.K.VARGHESE
              SMT.S.SEETHA


RESPONDENT/COMPLAINANT:

      1       THE STATE OF KERALA
              REPRESENTED BY THE PUBLIC PROSECUTOR,
              HIGH COURT OF KERALA, ERNAKULAM-682 031

      ADDL.   THE GENERAL MANAGER, SOUTHERN RAILWAY
      R2
              ADDL. R2 IS SUO MOTU IMPLEADED AS PER THE ORDER DATED
              23.7.2019 IN B.A.NO. 5059/2019.

              BY ADVS.

              SHRI.P.VIJAYAKUMAR, ASG OF INDIA

              SMT.V.SREEJA,PPUBLIC PROSECUTOR


THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.07.2019,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
                              -2-

Bail Appl..No.5059 of 2019




                        ORDER

The petitioner is the fourth accused in Crime No.441/2019 of Vadanappilly Police Station registered for the offence punishable under Section 353 read with Section 34 IPC.

2. The petitioner has filed this application under Section 438 Cr.P.C.

3. Heard.

4. The learned Public Prosecutor has submitted that the petitioner is not involved in any other offence of similar nature. It appears that the Public Servant did not sustain any external injury in the incident. It appears from the statement submitted by the learned Assistant Solicitor General of India that the petitioner is working as 'Loco Power Controller (Diesel)' in Southern Railway. Considering the facts and -3- Bail Appl..No.5059 of 2019 circumstances of the case, including the fact that the petitioner is a first time offender, I am inclined to grant pre-arrest bail to the petitioner.

In the result, this bail application stands allowed and the 1st respondent is directed to release the petitioner on bail in the event of his arrest in the above said crime, on condition of the petitioner executing a bond for Rs.40,000/- (Rupees forty thousand only), with two solvent sureties, each for the like sum to the satisfaction of the Station House Officer concerned, before whom the petitioner shall surrender within ten days, if not arrested in the meantime and subject to the following further conditions:

1. The petitioner shall report before the Investigating Officer on every Sunday between 9.00 am and 11.00 am for three months and thereafter, as and when required by the Investigating Officer for interrogation.
-4- Bail Appl..No.5059 of 2019
2. The petitioner shall not intimidate or influence the witnesses or in any way tamper with the investigation.
3. The petitioner shall not get involved in any other offence during the pendency of this case.

Sd/-

B.SUDHEENDRA KUMAR JUDGE Nkr/30.07.19