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High CourtsSingle Bench(2011) 07 KL CK 0089

Ratheesh vs The State of Kerala and The Sub Inspector of Police

High Court Of Kerala · Decided on 26 July 2011

HON’BLE JUDGES
K.T. Sankaran, J
RESULT
Allowed
CASE NUMBER
Bail Application No. 5711 of 2011

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Judgment

12 paragraphs · 347 words

K.T. Sankaran, J.—This is an application for bail u/s 439 of the Code of Criminal Procedure. The Petitioner is accused No. 1 in Crime No. 825 of 2011 of Chavara Police Station.

2.

The offences alleged against the Petitioner are under Sections 143, 147, 148, 149, 341, 332 and 307 of the Indian Penal Code and Section 3(2)(e) of the PDPP Act.

3.

The prosecution case is that on 29.6.2011, the Petitioner and about 50 persons conducted a protest march which later turned violent. They pelted stones on 3 K.S.R.T.C. buses causing a loss to the tune of Rs. 30,000/-. It is also alleged that they pelted stones against the policemen and the policemen sustained injuries. It is also alleged that the Petitioner and others attempted to kill the Circle Inspector of Police.

4.

The Petitioner was arrested on 30.6.2011 and he was remanded to judicial custody.

5.

Heard the learned Counsel for the Petitioner and the learned Public Prosecutor.

6.

Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the Petitioner, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the Petitioner. The Petitioner shall be released on bail on his executing bond for Rs. 25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Karunagappally, subject to the following conditions:

A) The Petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays, till the final report is filed or until further orders

B) The Petitioner shall appear before the investigating officer for interrogation as and when required;

C) The Petitioner shall not try to influence the prosecution witnesses or tamper with the evidence;

D) The Petitioner shall not commit any offence or indulge in any prejudicial activity while on bail;

E) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled.

The Bail Application is allowed as above.