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Sunil Kumar vs State Of Kerala

High Court Of Kerala|11 June, 2014
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JUDGMENT / ORDER

These applications arise from Crime No.753 of 2014 of the Vadakkencherry Police Station (Palakkad District) for the offences punishable under Sections 341, 323, 353 read with Section 34 of the Indian Penal Code. B.A. No.3950 of 2014 is filed by accused Nos.2 to 4 while B.A.No.3960 of 2014 is filed by the first accused. They apprehend arrest. 2. Learned Public Prosecutor has opposed the applications. It is submitted that on 22.05.2014 at about 9.30 p.m., while linemen of the K.S.E.B were on duty, these accused and others obstructed them and deterred them from discharging their official duty.
3. Learned counsel submitted that the allegations are not true. There was some confusion when there was current failure in the course of Mudappallur Vela.
4. Having heard both sides, I am inclined to think that custodial interrogation of the petitioners is not required. Hence, I am inclined to grant relief to the petitioners but subject to conditions.
The application is allowed as under :
1. Petitioners shall surrender before the officer investigating the case on 17.06.2014 at about 10 am for interrogation.
2. In case interrogation is not completed that day, the petitioner shall appear before the officer investigating the case on any other day/days and time as directed by the investigating officer.
3. The petitioners shall co-operate with investigation of the case.
4. In case the petitioners are arrested, they shall be produced before the jurisdictional magistrate.
5. On such production the petitioner shall be released on bail (if not required to be detained otherwise) on their executing bond for `20,000/- (Rupees twenty thousand only) each with two sureties each for the like sum each to the satisfaction of the learned magistrate and subject to the following conditions:
a. One of the sureties shall be a close relative of any of the petitioners.
b. Petitioners shall report to the investigating officer as and when required in connection with the case at reasonable time and place.
c. Petitioners shall not influence or intimidate any of the witnesses.
d. Petitioners shall not get involved any offence during the period of this bail.
e. In case any of conditions Nos.(b) to (d) is violated, it is open to the investigating officer to file application before the jurisdictional magistrate for cancellation of the bail granted hereby, as held in P.K.Shaji v.State of Kerala [AIR 2006 SC 100].
sd/- THOMAS P. JOSEPH JUDGE AMV /TRUE COPY/ P.A.TO JUDGE
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Title

Sunil Kumar vs State Of Kerala

Court

High Court Of Kerala

JudgmentDate
11 June, 2014
Judges
  • Thomas P Joseph
Advocates
  • Sri
  • V A Johnson
  • Varikkappallil