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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR THURSDAY, THE 01ST DAY OF AUGUST 2019 / 10TH SRAVANA, 1941 Bail Appl..No.5541 of 2019 AGAINST THE ORDER/JUDGMENT IN CRMP 7230/2019 of JUDICIAL MAGISTRATE OF FIRST CLASS ,IRINJALAKUDA DATED 18-07-2019 CRIME NO.347/2018 OF Pudukkad Police Station , Thrissur PETITIONER/S: 1 CHANDRAN C. AGED 47 YEARS S/O. KANNAPANICKER, CHERIPPINPULLIL HOUSE, T.N.PURAM P. O., VELLINEZHI, OTTAPALAM, PALAKKAD DISTRICT. 2 BIJU P. A. AGED 44 YEARS S/O. ANTHU, ALAPPAT PONTHEKKAL HOUSE, OLLUKKARA DESOM, OLLUKARA VILLAGE, THRISSUR DISTRICT. BY ADVS. SRI.P.K.VARGHESE SMT.SANJANA RACHEL JOSE RESPONDENT/S: STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA - 682031 OTHER PRESENT: SMT.V.SREEJA,PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01.08.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Case No. BA 5541/19 -2- ORDER
The petitioners are the accused in Crime No.347/18 of Pudukkad Police Station registered for the offences punishable under Sections 269, 277 and 278 IPC and Section 24 read with Section 43 of Water (Prevention and Control of Pollution) Act 1974.
2. The petitioners were arrested on 18.7.2019 and ever since they have been in custody.
3. Heard.
4. The learned Public Prosecutor has submitted that the petitioners are not involved in any other offence of similar nature. It has been submitted by the learned Public Prosecutor that the final report had been already filed by the Police after completing the investigation. Considering the facts and circumstances of the case, including the fact that the final report had been already filed and also taking into consideration of the fact that the petitioners are first time offenders, I am inclined to grant bail to the petitioners.
In the result, this application stands allowed and the Case No. BA 5541/19 -3- petitioners shall be enlarged on bail on condition of each of the petitioners executing a bond for Rs.40,000/- (Rupees forty thousand only) each, with two solvent sureties each, each for the like sum to the satisfaction of the Jurisdictional Magistrate and subject to the following conditions:
1) The petitioners shall not get involved in any other offence during the pendency of this case.
3) The petitioners shall not intimidate or influence the witnesses, who are likely to give evidence before the Court.
If the petitioners get involved in any other offence of similar nature, the court below shall be at liberty to proceed against the petitioners in accordance with law, without any reference to this court, as held by the Apex Court in P.K.Shaji v. State of Kerala [AIR 2006 SC 100].
sd B. SUDHEENDRA KUMAR, JUDGE.
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