Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW WEDNESDAY, THE30H DAY OF JULY2014/8TH SRAVANA, 1936 Bail Appl..No. 5194 of 2014 --------------------------------------- CRIME NO. 645/2014 OF WALAYAR POLICE STATION , PALAKKAD DISTRICT ----------------- PETITIONER / ACCUSED : -------------------------------------- ARUL DHANARAJ @ ARUL, AGED33YEARS, S/O.VINCENT BALU, CHUKRAM VEED, DAM ROAD WALAYAR, PALAKKAD DISTRICT. BY ADV. SRI.RAJIT RESPONDENTS : -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM, KOCHI - 682 031. BY PUBLIC PROSECUTOR SRI.P.S.ABDUL KAREEM THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON3007-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Msd. K. ABRAHAM MATHEW, J.
- - - - - - - - - - - - - - - - - - - - - - - B.A. No.5194 of 2014 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of July, 2014 ORDER
Petition filed under Section 438 Cr.P.C. The petitioner is the accused in crime No.645/2014 of Walayar Police Station, which has been registered for the offences under Sections 323, 341, 353 & 452 IPC.
2. The allegation against him is that at about 5.15 p.m. on 4.7.2014, he trespassed into the Walayar Check Post office, wrongfully restrained the employees working there and assaulted them preventing them from discharging their official duties.
3. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
4. The petitioner's case is that there were allegations that the employees posted at the Check Post used to take bribes and he took certain photographs of some employees taking bribe and this infuriated the employees who got a false case registered against him. B.A. No.5194 of 2014 -2- 5. It is submitted that the petitioner resides very close to the Check Post. The prosecution case is that the petitioner insisted on the employees at the Check Post to allow his overloaded vehicle to pass through the Check Post and their refusal to do so was the reason for the assault. It is in this context, the fact that the petitioner resides close to the Check Post is significant. The materials collected by the Investigating Officer do not disclose the number of the vehicle, which the petitioner wanted the employees to allow to be passed through the Check Post. So there are some suspicious circumstances in the prosecution case. Having regard to these facts, I am inclined to grant the prayer of the petitioner. In the result, this Bail Application is allowed with the following conditions:
1. The petitioner will be released on bail on his executing a bond for Rs.25,000/- (Rupees Twenty Five thousand only ) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate B.A. No.5194 of 2014 -3- concerned. 2) He shall appear before the Investigating Officer between 10.30 a.m. and 11 30. a.m. on every 2nd and 4th Saturdays for 2 months; or till the final report is filed, whichever is earlier. 3) He shall not get involved in any other criminal case. 4) He shall not threaten or attempt to influence the witnesses or interfere with the investigation. This order is not applicable if the petitioner chooses to surrender before the Magistrate concerned and in such case the learned Magistrate may take appropriate action in accordance with the law. Sd/- K. ABRAHAM MATHEW JUDGE //True copy// P.A. TO JUDGE shg/