IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 5253 of 2006()
1. RIYAS K., S/O.IBRAHIM, AGED 25 YEARS,
... Petitioner
2. RIYAS P.,S/O.AHAMMED, AGED 23 YEARS,
3. NAVAS, S/O.IBRAHIM, AGED 21 YEARS,
4. AYOOB K., S/O.MOIDEEN, AGED 24 YEARS,
Vs
1. STATE OF KERALA THROUGH THE
... Respondent
For Petitioner :SRI.SUNNY MATHEW
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice J.M.JAMES
Dated :25/08/2006
O R D E R
J.M.JAMES, J.
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B.A. 5253/2006
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DATED THIS THE 25TH DAY OF AUGUST, 2006
O R D E R
The petitioners are accused of the offence
punishable under Section 308 IPC read with Section 34
IPC and also under Section 3(2)(a) of the PDPP Act. It is
alleged that on 8.8.2006, the petitioners had illegally
tapped the electricity from the electric line, drawn along
the side of the river, and made electricity be passed on
the flowing water, for the purpose of killing the fish and
then collecting them. Because of the information,
received by the engineer of Perambra, the matter was
reported and Perambra Police Station authorities arrested
the petitioners on 8.8.2006 itself. Crime No.354/2006 of
that Police Station was registered, as per the offence
stated above, as well as under the provisions of the
Electricity Act.
2. When the application came up for hearing, the
learned counsel for the petitioners submitted that the
B.A.5253/2006
2
petitioners, if at all did the act, without any intention
and the petitioners are not required for interrogation by
the Investigating Officer, as no recovery is necessitated.
3. The prosecution though opposed the bail
application, on going through the materials, I find that
the investigation is nearly complete, in respect of these
petitioners, and the materials, used for tapping the
electricity and passing the same on the flowing water,
were also recovered. Material witnesses had been
questioned.
4. In view of the above facts situation, I grant
bail and release the petitioners from jail, subject to the
following conditions:-
(a). Each petitioner shall execute a
bond for Rs.25,000/-, with two solvent
sureties, each for the like sum, to the
satisfaction of the Judicial Magistrate of
First Class-I, Perambra.
(b). The petitioners shall report before
the Investigating Officer, once in a
week on every Thursday, between
B.A.5253/2006
3
10.00 a.m and 11.00 a.m., for a period
of three months, starting from
31.8.2006.
The application is allowed as above.
Hand over the order today itself.
J.M.JAMES
JUDGE
mrcs