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2011 Supreme(Ker) 864

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


Appearing Advocates:
For the Petitioner:P.V. Kunhikrishnan, Advocate.
For the Respondent: V. Tek Chand, Public Prosecutor.

Judgment :-


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 of Kunnamangalam Police Station, Kozhikode District.

2. The offences alleged against the petitioners are under Section 143, 147 and 452 read with 149 of the Indian Penal Code and Section 3(1) of the Prevention of Damage to Public Property Act.

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, Chathamangalam, 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 12.09.2011 and accused No.5 was arrested on 14.9.2011. They are in judicial custody since then.

5. The lea














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