Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH MONDAY, THE11H DAY OF NOVEMBER201320TH KARTHIKA, 1935 Bail Appl..No. 6052 of 2013 ------------------------------- CRIME NO.1702/2013 OF KOCHI CUSBA POLICE STATION,ERNAKULAM DISTRICT .... PETITIONERS:ACCUSED: ------------------------------------------ 1. MANUEL NICKSON, AGED33YEARS, S/O.PETER PAZHEKKATTU NIKARTHIL, EDAKOCHI, KOCHI-10.
2. PETER JIBIN,AGED24YEARS, S/O.GEORGE, IKKANADU, EDAKOCHI, KOCHI-10.
3. T.V.KUNJIKKANNAN, AGED29YEARS, S/O.VIJAYAN, THUZHITHARA HOUSE, PAI ROAD, PERUMPADAPPU, KOCHI. BY ADVS.SRI.S.RAJEEV SRI.K.K.DHEERENDRA KRISHNAN RESPONDENTS/STATE: ----------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM682031 (CRIME NO.1702/13 OF KOCHI CUSBA POLICE STATION, ERNAKULAM DISTRICT).
2. STATION HOUSE OFFICER, KOCHI CUSBA POLICE STATION, ERNAKULAM DISTRICT (CRIME NO.1702/13 OF KOCHI CUSBA POLICE STATION, ERNAKULAM DISTRICT). R1 & R2 BY PUBLIC PROSECUTOR SRI. C. RASHEED THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON1111-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss THOMAS P.JOSEPH, J.
---------------------------------------- Bail Application No.6052 of 2013 ---------------------------------------- Dated this the 11th day of November, 2013 ORDER
Petitioners are accused in Crime No.1702 of 2013 of the Kochi Cusba Police Station for the offences punishable under Sections 324 and 332 of the Indian Penal Code, the allegation being that on 09.07.2013, at about 06.30 p.m., the petitioners assaulted a Civil Police Officer on duty, obstructed him from discharging official duties and attempted to snatch away the Camera he was using to take the photographs of the procession in which the petitioners also allegedly took part.
2. Learned Public Prosecutor has submitted that the Civil Police Officer sustained injuries in the alleged incident.
3. Learned counsel submits that since the alleged obstruction of duty was to a Civil Police Officer, it was open to the Investigating Officer to incorporate the offences under the Kerala Police Act which are bailable. But intentionally, Section 332 of the Indian Penal Code is incorporated. It is also submitted that the B.A..No.6052 of 2013 2 petitioners were not even identified by the Police Officer concerned.
4. Having regard to the circumstances, I am inclined to grant time to the petitioners to surrender before the Court concerned and to seek regular bail. Resultantly, the application is disposed of as under:- Petitioners are granted a month's time from this day to surrender before the Court concerned and seek regular bail, subject to the following conditions: a) Petitioners shall surrender before the Officer investigating Crime No. 1702 of 2013 of the Kochi Cusba Police Station on every Monday and Saturday between 10 a.m. and 12p.m. and on other dates as may be directed by the Police Officer investigating the case, for interrogation. 2) If during the said period of one month the petitioners are arrested in Crime No. 1702 of 2013, they shall be released during the said period of one month (or rest of the period of one month) on their executing bond for Rs.15,000/- (Rupees Fifteen B.A..No.6052 of 2013 3 thousand only) each with two sureties each for the like sum each before the arresting officer and subject to the following conditions: a. Petitioners shall co-operate with the investigation of the case. b. Petitioners shall surrender before the Court concerned within one month from this day and seek regular bail. c) In case the petitioners intend to move application for bail, it is open to them to give intimation to the Assistant Public Prosecutor concerned atleast three working days in advance. d) Learned Magistrate shall decide the application for bail as per law as early as possible having regard to the result of the interrogation of the petitioners as well. THOMAS P.JOSEPH, JUDGE sp