Kerala High Court
K.A.George vs State Of Kerala on 13 November, 2013
Author: Thomas P.Joseph
Bench: Thomas P.Joseph
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH
WEDNESDAY, THE 13TH DAYOF NOVEMBER 2013/22ND KARTHIKA, 1935
Bail Appl..No. 7579 of 2013
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CRIME NO. 1435/2013 OF KORATTY POLICE STATION, THRISSUR DISTRICT
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PETITIONERS:ACCUSED 1, 2 & 3:
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1. K.A.GEORGE, AGED 42 YEARS,
MANAGER (FINANCE), NITTA GELATIN INDIA LTD.,
KOILPARAMBIL HOUSE, VIJAYA ROAD, MARADU P.O.,
PIN - 682 304.
2. MANURAJ V,AGED 34 YEARS,
ASST.MANAGER (PRODUCTION), NITTA GELATIN INDIA LTD.,
VILLAYIL HOUSE, P.B.K. MINA ROAD,
NEAR MODEL ENGINEERING COLLEGE, THRIKKAKARA P.O.,
PIN 682 021.
3. ABDUL JABBAR.H, AGED 48 YEARS,
MESSENGER, PAREPARAMBIL HOUSE, BAZAR ROAD,
H.NO.6/791, MATTANCHERRY, PIN - 682 002.
BY SRI.K.ANAND,SENIOR ADVOCATE
ADV. SMT.LATHA KRISHNAN
RESPONDENTS:
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1. STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA.
2. SUB INSPECTOR OF POLICE,
KORATTY POLICE STATION,
THRISSUR DISTRICT - 680 308.
R1 & R2 BY PUBLIC PROSECUTOR SRI.RASHEED
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 13-11-2013, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Kss
THOMAS P. JOSEPH, J
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B.A.No.7579 of 2013
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Dated this the 13th day of November, 2013
ORDER
Petitioners apprehend arrest in Crime No.1435 of 2013 of the Koratty Police Station for the offence punishable under Section 3 of the PDPP Act and have filed this application.
2. Learned Public Prosecutor has submitted that the second petitioner is not an accused in Crime No.1435 of 2013. It is also submitted that the petitioners 1 and 3 caused damage to the irrigation canal resulting in loss of Rs.13,021 to the Government.
3. Learned counsel submits that the allegations are false.
4. Having regard to the nature of the allegation, I am inclined to grant relief to the petitioners but subject to the conditions.
Resultantly, this application is disposed of as under:
a) Since the second petitioner is reported to be not an accused in the case, his request is rejected.
b) Petitioners 1 and 3 are granted bail. They shall surrender before the jurisdictional magistrate on 20-11-2013 B.A.No.7579 of 2013 2 at 11.00 a.m. (in Crime No.1435 of 2013 of the Koratty Police Station).
c) On such surrender, they shall be released on their executing bond for Rs.15,000/- (Rupees fifteen thousand only) each with two sureties each for the like sum each to the satisfaction of the learned magistrate and subject to the following conditions:
i) Petitioners 1 and 3 shall deposit of Rs.13,500/-
(Rupees thirteen thousand and five hundred only) in a Nationalized Bank initially for a period of two years (renewable as per order of the learned magistrate) and produce the FD receipt before the learned magistrate while executing the bail bond.
ii) In case the case is decided against the petitioners 1 and 3 or any of them, and they are made liable to pay compensation to the State Government, such compensation can be realized from the amount in deposit.
iii) Petitioners 1 and 3 shall report to the officer investigating the case as and when required for interrogation.
iv) In case any of the above conditions is violated, bail B.A.No.7579 of 2013 3 granted hereby is liable to be cancelled for which the investigating officer may move application before the jurisdictional magistrate as held in P.K.Shaji Vs. State of Kerala (AIR 2006 SC 100).
Sd/-
THOMAS P. JOSEPH, JUDGE AS /True Copy/ P.A.to Judge