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K.T.SANKARAN
Hemanth Kumar – Appellant
Versus
Sub Inspector of Police – Respondent


Advocates:
Counsel for the Parties:
For the Petitioner:P.V. Kunhikrishnan, Advocate
For the Respondent: V. Tek Chand, PP.

ORDER

K.T. Sankaran, J.—This is an application for bail under Section 439 of the Code of Criminal Procedure the petitioners are accused Nos. 1 to 3, 5 and 4 in Crime No. 478 of 2011 ofs Kunnamangalam Police Station, Kozhikode District.

2. The offences alleged against the petitioners are under Sections 143, 147 and 452 read with Section 149 of the IPC and Section 3(1) of the Prevention of Damages in Public Property A ct.

3. The prosecution case is the following:

On 12.8.2011, the accused forcibly entered into the Government Vocational Higher Secondary School, Chathamangalam in connection with a political strike by one of the students’ unions and the accused destroyed the furniture, computer etc. belonging to the school, thereby causing a loss of Rs.23,000 to the State. The petitioners are not students of the Government Vocational Higher Secondary School, Chatharnangalam, but they are outsiders. It is submitted by the learned counsel for the petitioners that though they are outsiders, they are also students in some other educational institutions.

4. Accused Nos. 1 to 4 were arrested on 12.9.2011 and accused No.5 was arrested on 14.9.2011. They are in judicial custody since then.

5. T

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