Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE26H DAY OF FEBRUARY20147TH PHALGUNA, 1935 Bail Appl..No. 1332 of 2014 () ------------------------------- CRIME NO. 284/2014 OF ADOOR POLICE STATION , PATHANAMTITTA PETITIONERS/ACCUSED1& 7: ------------------------------------------ 1. AKHIL, AGED22YEARS AKHIL SADANAM MELOODE, PERINGANADU2 ADV.S.RAJEEV, AGED36YEARS RAJEEV SADANAM PAZHAKULAM PADINJARU, PALLIKKAL BY ADVS.SRI.T.P.PRADEEP SRI.P.K.SATHEES KUMAR RESPONDENTS/COMPLAINANTS: -------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA2 SUB INSPECTOR OF POLICE, ADOOR691523. R BY PUBLIC PROSECUTOR, SHRI V S SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON2602-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.L. JOSEPH FRANCIS J., - - - - - - - - - - - - - - - - - - - - - - - - - - - - Bail Application No. 1332 of 2014 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of February 2014 ORDER
Petitioners are the accused Nos.1 to 7 in Crime No.284 of 2014 of Adoor Police Station registered for the offences punishable under sections 143, 147, 148, 149, 153, 283 and 332 of the Indian Penal Code. First petitioner is a student and the 2nd petitioner is a practicing lawyer.
2. Allegations is that on 9.2.2014 at 7.45 p.m., the accused persons being the workers of DYFI conducted a procession and destroyed the flag post of BJP and while the police resisted them, the accused persons prevented the police officials from performing their duty and inflicted injuries on the Bail App. No. 1332 of 2014 :2: police officials.
3. Learned counsel for the petitioners submitted that RSS - BJP workers created law and order problems in the locality and many cases registered against them for attacking the workers of DYFI and the workers of DYFI conducted only a peaceful procession and at the influence of the BJP - RSS leaders, the above crime was foisted against the accused persons.
4. The learned Public Prosecutor opposes the anticipatory bail application. Considering the facts and circumstances of the case, I am of the view that the arrest and detention of the petitioners is not required for the purpose of the investigation. Hence this bail application is allowed. 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 Bail App. No. 1332 of 2014 :3: 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, (JUDGE) dl/ // TRUE COPY //