Kerala High Court
N.N.Krishnadas vs The State Of Kerala on 11 March, 2016
Author: Sunil Thomas
Bench: Sunil Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
FRIDAY,THE 11TH DAY OF MARCH 2016/21ST PHALGUNA, 1937
Bail Appl..No. 1576 of 2016
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CRIME NO. 147/2016 OF PALAKKAD TOWN SOUTH POLICE STATION, PALAKKAD
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PETITIONER(S)/1ST ACCUSED:-:
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N.N.KRISHNADAS, AGED 57 YEARS,
S/O.NARAYANAN, 'THE NEST', THORAPALAYAM,
NEAR GOVT. VICTORIA COLLEGE, PALAKKAD DISTRICT - 1.
BY ADVS.SRI.N.RAGHURAJ
SRI.A.V.RAVI
SMT.K.AMMINIKUTTY
RESPONDENT(S)/STATE/COMPLAINANT:-:
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THE STATE OF KERALA,
REPRESENTED BY THE SUB INSPECTOR OF POLICE,
TOWN SOUTH POLICE STATION,
THROUGH THE PUBLICPROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SMT.R.REMA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11-03-2016,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
PJ
SUNIL THOMAS, J.
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B.A.No.1576 of 2016
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Dated this the 11th day of March, 2016
ORDER
The petitioner herein is the 1st accused in Crime No.147/2016 of Town South Police Station for offences punishable under Sections 341, 323, 332 read with Section 34 of IPC.
2. The allegation of prosecution is that on 11.02.2016 at about 2.00 p.m., some students who got injured in an altercation were taken to a hospital, wherein the 1st petitioner, who is stated to be a political leader, also reached. It is alleged by the de facto complainant that when he was asked to leave the room wherein the patient was being examined, he slapped on the neck of the de facto complainant who fell down. He was allegedly stamped by other persons.
3. It appears that the incident happened on the spur of the movement. No weapon is also used. Though the conduct of the petitioner herein cannot be lightly seen, it seems that more serious overtacts were caused B.A.No.1576 of 2016 2 by the remaining three other persons who stamped him after he fell down.
4. Having regard to these facts, I am inclined to grant bail to the petitioner herein especially since the allegation is to be established by the oral testimony, subject to the following conditions:
(a) Petitioner shall appear before the Investigating Officer within ten days from today and shall undergo interrogation.
Thereafter, if he is proposed to be arrested, he shall be released on bail on he executing a bond for a sum of Rs.40,000/- (Rupees forty thousand only) with two sureties for the like sum each.
(b) He shall not threaten, coerce or intimidate the de facto complainant or his witnesses. (c ) He shall appear before the Investigation Officer on all Tuesdays between 09.00 a.m. and 10.00 a.m. for a period of one month from the date of execution of bond.
B.A.No.1576 of 2016 2
(d) He shall not get involved in any other identical offences.
The bail application is allowed.
Sd/-
SUNIL THOMAS, JUDGE AD //TRUE COPY// P.A. TO JUDGE