Judgment:
in the high court of kerala at ernakulam present: the honourable mr.justice thomas p.joseph thursday, the 22nd day of may 2014/1st jyaishta, 1936 bail appl..no. 3339 of 2014 ------------------------------------------ CRIME NO. 1138/2014 OF MUVATTUPUZHA POLICE STATION , ERNAKULAM DISTRICT ---------------- PETITIONERS/ACCUSED1& 2: ------------------------------------------------------ 1. PAREETH, AGED54YEARS, S/O. MYTHEEN, VALIYAPARAMBIL HOSUE, PEZHACKAPPILLYKARA, MULAVOOR VILLAGE, PEZHACKAPPILLY(P.O), MUVATTUPUZHA, ERNAKULAM DISTRICT.
2. SUBAIR, AGED46YEARS, S/O. MYTHEEN, VALIYAPARAMBIL HOSUE, PEZHACKAPPILIYKARA, MULAVOOR VILLAGE, PEZHACKAPPILLY(P.O), MUVATTUPUZHA, ERNAKULAM DISTRICT. BY ADVS.SRI.R.BINDU (SASTHAMANGALAM) SRI.PRASANTH M.P SRI.C.THEJUS PURUSHOTHAMAN RESPONDENTS/COMPLAINANT & STATE: -------------------------------------------------------------------- 1. THE SUB INSPECTOR OF POLICE, MUVATTUZPUAH POLICE STATION, MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN - 686 661.
2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI - 682 031. BY PUBLIC PROSECUTOR SMT.LALIZA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON2205-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Msd. THOMAS P. JOSEPH, J --------------------------------------- B.A.No.3339 of 2014 ---------------------------------------- Dated this the 22nd day of May, 2014 ORDER
Petitioners are accused 1 and 2 in Crime No.1138 of 2014 of the Muvattupuzha Police Station for the offences punishable under Sections 342, 294(b), 353 r/w Section 34 of the Indian Penal Code, apprehend arrest and have filed the application.
2. Application is opposed by the learned Public Prosecutor.
3. It is submitted that on 05.05.2014 at about 10.13 a.m the petitioners attacked the Overseer of the Kerala State Electricity Board and obstructed him from discharging his official duty.
4. According to the learned counsel, the petitioners had paid the amount due as per the bill and claiming that the amount is not paid, the Overseer attempted to disconnect electricity and there was some dispute.
5. Having regard to the nature of allegations, I am inclined to think that custodial interrogation of the petitioners is not required. Hence I am inclined to grant relief but subject to conditions. B.A.No.3339 of 2014 2 Application is allowed as under: (i) Petitioners shall surrender before the officer investigating Crime No.1138 of 2014 of the Muvattupuzha Police Station on 28.05.2014 at 10 a.m for interrogation. (ii) If interrogation of the petitioners could not be completed that day, they shall appear before the officer investigating the case on the day/days and time as directed by him which the petitioners shall comply. (iii) In case the petitioners are arrested, they shall be released by the arresting officer on their executing bond for Rs.20,000/- (Rupees twenty 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 report to the officer investigating the case as and when required for interrogation. (b) Petitioners shall not get involved in any offence during the period of this bail. (c) Petitioners shall not intimidate or influence the witnesses. (vi) It is made clear that in case any of condition Nos. (a) to (c) is violated, it is open to the Investigating Officer to seek B.A.No.3339 of 2014 3 cancellation of the bail granted hereby by moving application before the jurisdictional magistrate as held in P.K. Shaji V. State of Kerala (AIR2006Supreme Court 100). Sd/- THOMAS P. JOSEPH, JUDGE. AS /True Copy/ P.A. to Judge