Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE M.L.JOSEPH FRANCIS THURSDAY, THE13H DAY OF FEBRUARY201424TH MAGHA, 1935Q Bail Appl..No. 988 of 2014 () ------------------------------ CRIME NO. 78/2014 OF CHELAKARA POLICE STATION, THRISSUR DISTRICT --------------------- PETITIONERS/ ACCUSED: ------------------------------------- 1. SHAJI, AGED37YEARS S/O. UNNIKRISHNAN, KANAKKANTHARA HOUSE, ELANAD VILLAGE TRIKKANAYA DESOM, TALAPPILLY TALUK, THRISSUR DISTRICT2 RAJESH R., AGED23YEARS S/O. RADHAKRISHNAN, PARAKUNATH HOUSE, PULAKAD P.O. KUTTADAN, TALAPPILLY TLAUK, THRISSUR DISTRICT3 VINEESH K.V., AGED28YEARS S/O. VELAYUDHAN, KUNNATH HOUSE ANTHIMAHAKALAM KAVU DESOM, PULAKAD P.O., KUTTADAN TALAPPILLY TALUK, THRISSUR DISTRICT4 VIBIN, AGED24YEARS S/O. SIVADHASAN, IRIBASSERY HOUSE, PULAKKAD P.O., KUTTADAN, TALAPPILLY TALUK, THRISSUR DISTRICT BY ADVS.SRI.S.RAJEEV SRI.K.K.DHEERENDRA KRISHNAN RESPONDENTRS/STATE : --------------------------------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM - 682031 (CRIME NO. 78/2014 OF CHELAKARA POLICE STATION THRISSUR DISTRICT) 2. STATION HOUSE OFFICER, CHELAKARA POLICE STATION THRISSUR DISTRICT - 680586 (CRIME NO. 78/2014 OF CHELAKARA POLICE STATION THRISSUR DISTRICT) R1 & R2 BY PUBLIC PROSECUTOR SRI. SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON1302-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn M.L. JOSEPH FRANCIS, J.
--------------------------------------- B.A.No.988 of 2014 ---------------------------------------- Dated this the 13th day of February, 2014 ORDER
The petitioners are arrayed as accused in Crime No.78 of 2014 of the Chelakara Police Station alleging offences punishable under Sections 211, 195, 120(B), 153 and 324 r/w Section 34 of the Indian Penal Code. The prosecution allegation is that, the petitioners who are strong sympathizers of BJP conspired together and with an intention to mislead the public inflicted injury on the body of second petitioner and a false crime was registered against Nishab, Nishad and Hamsa and thereby committed the above offences. The gist of the allegation is that with an intention to mislead the public as well as the Police a self inflicted injury was published as the injury inflicted by rival group and managed to register the crime against the rival group. During the course of investigation, the Police got the information that the injury on the body of Rajesh was inflicted by the BJP people and on the basis of these allegations, the present crime is registered. Considering the facts and circumstances of the case, I am of the view that the arrest and detention of the petitioners cannot be said necessary for the purpose of the investigation. Hence, this petition is B.A.No.988 of 2014 2 allowed.
2. It is hereby directed that in the event of arrest of the petitioners in connection with the above case, they shall be released on bail on executing bond for `25,000/- each with two sureties each for the like sum to the satisfaction of the officer effecting arrest. The petitioners are directed to appear before the Investigating Officer as and when required. It is made clear that if the petitioners surrender before the Judicial First Class Magistrate having jurisdiction, within 30 days from today, they shall be released on bail on executing bond for `25,000/- each with two sureties each for the like sum to the satisfaction of the Judicial First Class Magistrate. In that case also, the petitioners are directed to appear before the Investigating Officer as and when required. Sd/- M.L. JOSEPH FRANCIS, J.
AS /True Copy/ P.A. to Judge