Kerala High Court
Samson vs Sub Inspector Of Police on 30 May, 2018
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI
WEDNESDAY, THE 30TH DAY OF MAY 2018 / 9TH JYAISHTA, 1940
Bail Appl.No. 3418 of 2018
CRIME NO. 494/2018 OF ANCHALUMMOODU POLICE STATION , KOLLAM
PETITIONER(S)/ACCUSED:-
1 SAMSON,
ALUVILA THEKKATHIL,ARAVILA,KAVANAD.P.O,KOLLAM.
2 JEROME,
S/O.EZHUTHUVILA VEEDU, ARAVILA, SHAKTHIKULANGARA,
KOLLAM.
BY ADV.SRI.M.KIRANLAL
RESPONDENT(S)/STATE:-COMPLAINANT:
1. SUB INSPECTOR OF POLICE, ANCHALUMMOOD POLICE STATION,
KOLLAM DISTRICT.
2. STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,ERNAKULAM.
R BY PUBLIC PROSECUTOR SRI. B.JAYASURYA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30-05-2018,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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R. NARAYANA PISHARADI, J.
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B.A.No.3418 of 2018
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Dated this the 30th day of May, 2018
ORDER
This is an application for anticipatory bail filed under Section 438 Cr.P.C.
2. The petitioners are the first and the second accused in the case registered as Crime No.494/2018 of the Anchalumood Police Station under Sections 294(b), 341 and 323 read with 34 IPC and also under Section 3(2) (e) of the Prevention of Damage to Public Property Act, 1984.
3. The prosecution case is that on 21.4.2018, at about 18.00 hours, at the boat jetty at the place Kavanad, the accused together attacked the defacto complainant who was working as a boat lascar, and the other workers of the boat by hitting and beating them with their hands and caused injury to them. It is further alleged that they broke the glasses of the boat causing a loss of Rs.1,00,000/- (Rupees one lakh only) to the Government.
4. Heard the learned counsel for the petitioners and the learned Public Prosecutor. Perused the case diary. B.A.No.3418/2018 2
5. The injuries sustained by the defacto complainant and the other employees of the boat are minor in nature. However, the fact remains that the petitioners have caused damage to the glasses of the boat causing loss to the Government. The report of the Investigating Officer shows that the damage caused to the boat has been assessed at Rs.81,146/-. When bail is granted to the accused involved in cases under the Prevention of Damage to Public Property Act, it is mandatory that they shall be required to deposit in the court the amount of loss caused to the Government (See Satheesh Kumar v. Malabar Devaswam Board [2011 (4) KLT 841]. In the instant case, the report of the Investigating Officer shows that the loss caused to the Government comes to Rs.81,146/-. Therefore, in case of granting bail, it is necessary that each of the accused has to deposit Rs.42,000/- (Rupees forty two thousand only) each in the court. The learned counsel for the petitioners submit that the petitioners are ready to deposit the amount in the court. Considering the facts and circumstances of the case, I find that the discretion of the Court can be exercised in favour of the petitioners to B.A.No.3418/2018 3 grant them the benefit of pre-arrest bail, provided they would deposit the aforesaid amount in the court.
6. In the result, the petition is allowed and it is ordered as follows:
i) The petitioners shall be released on bail on executing a bond for Rs.25,000/- (Rupees twenty five thousand only) each with two sureties each for the like amount in the event of their arrest by the Police in Crime No.494/2018 of Anchalumood Police Station.
ii) The petitioners shall appear before the Investigating Officer between 9 a.m. and 11 a.m on all Saturdays for a period of three months after the date of their release on bail.
iii) The petitioners shall deposit an amount of Rs.41,000/- (Rupees forty one thousand only) each in the Magistrate's Court/jurisdictional court concerned within three days of their release on bail. If they fail to deposit this amount within this period, bail granted to them pursuant to this order will stand cancelled without any further orders of this court.
iv) The petitioners shall not in any manner intimidate or influence the prosecution witnesses.B.A.No.3418/2018 4
v) The petitioners shall appear before the Investigating Officer as and when directed by him in writing to do so.
sd/-
R.NARAYANA PISHARADI, JUDGE.
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