Kerala High Court
Bail Appl./9514/2012 of SATHEESH.P Vs STATE OF KERALA on 31 December 2012
COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.BHAVADASAN MONDAY, THE 31ST DAY OF DECEMBER 2012/10TH POUSHA 1934 Bail Appl..No. 9514 of 2012 () ------------------------------ (CRIME NO.835/2012 OF NILESHWAR POLICE STATION,KASARAGOD DISTRICT) ....... PETITIONER:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.BHAVADASAN
MONDAY, THE 31ST DAY OF DECEMBER 2012/10TH POUSHA 1934
Bail Appl..No. 9514 of 2012 ()
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(CRIME NO.835/2012 OF NILESHWAR POLICE STATION,KASARAGOD DISTRICT).......
PETITIONER:
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SATHEESH.P, AGED 32 YEARS,
S/O.RAGHAVAN, ANANTHANPALLA, OZHINHAVALAPPU.P.O., HOSDURG TALUK.
BY ADV. SRI.A.ARUNKUMAR
RESPONDENTS/COMPLAINANT AND STATE:
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1. STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. HIGH COURT OF KERALA, ERNAKULAM.
2. THE STATION HOUSE OFFICER,
(CRIME NO.835/2012 OF NILESHWAR POLICE STATION)
KASARAGOD DISTRICT-671 314.
R1 & R2 BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31-12-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ON 31-12-2012, THE COURT ON THE SAME DAY PASSED THE
P.BHAVADASAN, J
----------------------------------------- B.A No.9514 of 2012
--------------------------------------------------- Dated this the 31[st] day of December, 2012
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O R D E R
Petitioner is the 25[th] accused in Crime No.835/2012 ofNileswaram Police Station, Kasargod District, who is alleged tohave committed offences punishable under Sections 143, 145,147, 148, 341, 353, 332 r/w 149 of IPC.
2. Allegation is that on 8.11.2012 at 9 p.m., when thepolice officer has gone to rescue one S.I. of Police, who wasdetained near a housing colony, the petitioner and the co-accused detained the police officer and disrupted him fromdischarging his official duties.
3. The petitioner would say that he is innocent and hasbeen falsely implicated with oblique motive and he has notcommitted any act as alleged. According to the petitioner, adifferent version of the incident is given by the prosecution.
4. Learned Public Prosecutor opposed the petitionpointing out that the claim of the petitioner that he is innocentcannot be accepted and there occurred a destruction to the tuneof Rs.25,000/- due to the acts of the petitioner.
5. After having heard the learned counsel for the B.A No.9514 of 2012
petitioner and the learned Public Prosecutor and after havingperused the records and also given anxious consideration to thesubmissions on both sides, it is felt that this is a fit case whereextraordinary jurisdiction of this Court needs to be exercised in favour of the petitioner. The petition is allowed as follows:
1) The petitioner may surrender before the courtconcerned on or before 9.1.2013 with due notice to APP,and the court, on application being moved by thepetitioner, shall release him on bail on his executing abond for Rs.15,000/- (Rupees Fifteen thousand only) withtwo solvent sureties each for the like sum to thesatisfaction of the court concerned.
2) The court shall ensure the identity of the suretiesand the veracity of the tax receipts, before granting bail.
3) The petitioner shall appear before theInvestigating Officer for interrogation as and whenrequired by him.
4) The petitioner shall not tamper or attempt totamper with the evidence and influence or try toinfluence the witnesses.
5) If any of the condition is violated, the bail grantedshall stand cancelled and the court concerned, of beingsatisfied of the said fact, may take such proceedings asare available in law.
P.BHAVADASAN Judge