Kerala High Court
Aneesh.P.D vs State Of Kerala on 10 March, 2014
Author: Thomas P.Joseph
Bench: Thomas P.Joseph
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH
MONDAY,THE 10TH DAY OF MARCH 2014/19TH PHALGUNA, 1935
Bail Appl..No. 1601 of 2014 ()
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CRIME NO. 231/2014 OF KATTAPPANA POLICE STATION , IDUKKI DISTRICT
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PETITIONERS/ACCUSED 1 TO 3:
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1. ANEESH.P.D., AGED 29 YEARS,S/O.DEVASSYA,
PULIMOOTIL HOUSE, AYYAPPANKOVIL P.O.,
MATTUKATTA, IDUKKI DISTRICT.
2. ABHILASH MATHEW, AGED 30 YEARS, S/O.MATHEW,
KOCHUPARAMBIL HOUSE, AYYAPPANKOVIL P.O.,
MATTUKATTA, IDUKKI DISTRICT.
3. JOSEPH.P.J., AGED 47 YEARS,
S/O.ULAHANNAN PULIMOOTIL HOUSE, AYYAPPANKOVIL P.O.,
MATTUKATTA, IDUKKI DISTRICT.
BY ADVS.SRI.T.A.UNNIKRISHNAN
SRI.K.S.PRAVEEN
RESPONDENT/COMPLAINANT:
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STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
REPRESENTING SUB INSPECTOR OF POLICE,
KATTAPPANA.
BY GOVERNMENT PLEADER SMT. LALIZA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 10-03-2014,ALONG WITH BA.NO.1602 OF 2014, THE COURT
ON THE SAME DAY PASSED THE FOLLOWING:
sts
THOMAS P. JOSEPH, J
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B.A.Nos.1601 & 1602 of 2014
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Dated this the 10th day of March, 2014
ORDER
Petitioners are accused Nos. 1, 2 and 5 in Crime Nos.231 of 2014 and 232 of 2014 of the Kattappana Police Station the former, for offences punishable under Sections 143, 145, 147, 353 r/w Section 149 of the Indian Penal Code and the latter, for offences punishable under Sections 143, 147, 387, 325, 342, 427, 506(i), 323 and 294(b) of the Indian Penal Code, apprehend arrest and have filed the application.
2. Learned Public Prosecutor has opposed the applications. It is submitted that on 10.02.2014 at the relevant time the petitioners and others who formed unlawful assembly attacked the de facto complainant and caused dislocation of his jeep and damage to his spectacle costing around Rs.12,000/-. On getting information, the Police reached there but the unlawful assembly obstructed the Police from discharging their official duty.
3. Learned counsel submits that the first petitioner/first accused is working as supervisor in the estate of the de facto complainant in Crime No.232 of 2014. He owed Rs.26,000/- to the first petitioner by way of salary and that amount was not paid. First petitioner demanded the amount when the de facto B.A.Nos.1601 & 1602 of 2014 2 complainant was found removing cardamom and pepper in a jeep.
4. Having regard to the relevant circumstances, I am inclined to grant relief since custodial investigation is not required but, protecting the interest of the de facto complainant in Crime No.232 of 2014 as well.
Applications are disposed of as under:
B.A.Nos.1601 & 1602 of 2014
(i) Petitioners shall surrender before the Officer(s) investigating Crime Nos.231 of 2014 and 232 of 2014 of the Kattappana Police Station on 17.03.2014 at 10 a.m for interrogation.
(ii) In case interrogation is not completed that day, it is open to the officer(s) concerned to direct presence of the petitioners on other day/days and time as may be specified by him which the petitioners shall comply.
(iii) In case arrest of the petitioners is recorded in the aforesaid crime, they shall be produced before the jurisdictional magistrate the same day.
(iv) On such production, the petitioners shall be released on bail (if not required to be detained otherwise) on their executing bond for Rs.25,000/- (Rupees Twenty Five B.A.Nos.1601 & 1602 of 2014 3 Thousand only) each with two sureties each for the like sum each to the satisfaction of the learned magistrate and subject to the following conditions:
(a) One of the sureties shall be a close relative of any of the petitioner.
(b) First petitioner shall deposit of Rs.15,000/-(Rupees fifteen thousand only) in a Nationalized Bank in his name for a period of two years (renewable as per order of the learned magistrate) and produce the FD receipt before the learned magistrate while executing the bail bond in Crime No.232 of 2014. (this condition is applicable only so far as the 1st petitioner to the extent is concerns Crime No. 232 of 2014)
(c) In case compensation is awarded to the defacto complainat Crime No.232 of 2014, such compensation could be realized from the amount in deposit to the extend possible.
(d) Petitioners shall report to the officer(s) investigating the case on every Saturday between 10.00 a.m and 12.00 p.m for a period of two months or until filing of the final report, whichever is earlier.
(e) Petitioners shall report to the Investigating Officer as and when required for interrogation.
(f) Petitioners shall not get involved in any offence B.A.Nos.1601 & 1602 of 2014 4 during the period of this bail.
(g) Petitioners shall not intimidate or influence the witnesses.
(v) In case the petitioners violate any of condition Nos.
(c) to (g), it is open to the investigating officer(s) to move the learned magistrate for cancellation of the bail as held in P.K.Shaji v. State of Kerala (AIR 2006 SC 100).
Sd/-
THOMAS P. JOSEPH, JUDGE.
AS /True Copy/
P.A. to Judge