Kerala High Court
Gangadharan T. M vs State Of Kerala on 3 April, 2024
Author: C.S.Dias
Bench: C.S.Dias
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
WEDNESDAY, THE 3RD DAY OF APRIL 2024 / 14TH CHAITHRA, 1946
BAIL APPL. NO. 2454 OF 2024
CRIME NO.373/2024 OF OTTAPALAM POLICE STATION, PALAKKAD
PETITIONERS/ACCUSED:
1 GANGADHARAN T. M
AGED 37 YEARS
S/O. JANAKY, THANIKKAPARAMBIL HOUSE, PANAMANNA SOUTH,
OTTAPALAM TALUK, PALAKKAD DISTRICT, PIN - 679501
2 SABARIDAS K
AGED 36 YEARS
S/O UNNI @ AYYAPPAN, KUNKATTU THODI HOUSE, PANAMANNA
SOUTH, OTTAPALAM TALUK, PALAKKAD DISTRICT, PIN - 679501
3 BHADRESH
AGED 39 YEARS
S/O RAMAN, THANNIKKAPARAMBIL HOUSE, P.O. OTTAPALAM,
OTTAPALAM TALUK, PALAKKAD DISTRICT, PIN - 679101
4 SUBHASH T.S.
AGED 37 YEARS
S/O KARTHYAYANI, THANIKKAPARAMBIL HOUSE, PANAMANNA
SOUTH, OTTAPALAM TALUK, PALAKKAD DISTRICT, PIN - 679501
5 RATHEESH
AGED 42 YEARS
S/O RAMAN, THANIKKAPARAMBIL HOUSE, PANAMANNA SOUTH,
OTTAPALAM TALUK, PALAKKAD DISTRICT, PIN - 679501
BY ADV P.JAYARAM
RESPONDENT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
B.A. NO. 2454 OF 2024
2
PIN - 682031
OTHER PRESENT:
SR PUBLIC PROSECUTOR SMT SEETHA S
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
03.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A. NO. 2454 OF 2024
3
Dated this the 3rd day of April, 2024
ORDER
The application is filed under Section 438 of the Code of Criminal Procedure, 1973, for an order of pre- arrest bail.
2. The petitioners are the accused 1 to 5 in Crime No.373/2024 of the Ottapalam Police Station, Palakkad registered against the accused, for allegedly committing the offences punishable under Sections 143, 147, 153 r/w Section 149 of the Indian Penal Code (in short, 'IPC') and Section 3(1) of the Prevention of Damage to Public Property Act (PDPP Act).
3. The crux of the prosecution allegation is that: the accused, in furtherance of their common intention, using paint and white cement wrote " BJP RSS" on the public road at Vattanal Junction, Ottappalam, Palakkad District and destroyed the public road. Thus, the accused have B.A. NO. 2454 OF 2024 4 committed the above offences.
4. Heard; Sri. Jayaram P. the learned counsel appearing for the petitioners and Smt. Seetha S., the learned Senior Public Prosecutor.
5. The learned counsel for the petitioners submitted that the petitioners are totally innocent of the accusations leveled against them. The Investigating Officer has deliberately incorporated Section 3 (1) of the PDPP Act to deny bail to the petitioners. In any given case, the petitioners' custodial interrogation is not necessary and no recovery is to be effected. The petitioners are willing to abide by any stringent condition that may be imposed by this Court and also co-operate with the investigation. Hence, the application may be allowed.
6. The learned Public Prosecutor opposed the application. She submitted that there are incriminating materials to show the involvement of the petitioners in the crime. Hence, the petitioners' custodial interrogation is necessary. Hence, the application may be dismissed.
7. On an anxious consideration of the facts, the rival B.A. NO. 2454 OF 2024 5 submissions across the Bar, the materials placed on record, and on comprehending the nature of the accusations levelled against the petitioners, I am of the firm view that the petitioners' custodial interrogation is not necessary and no recovery is to be effected. Hence, I am inclined to allow the application, but subject to the condition that the petitioners co-operate with the investigation.
In the result, the application is allowed subject to the following conditions:
i) The petitioners are directed to surrender before the Investigating Officer within ten days from today.
ii) In the event of the petitioners arrest, the Investigating Officer shall produce them before the jurisdictional court on the date of surrender itself.
iii) On such production, the jurisdictional court shall release the petitioners on bail on them executing a bond for Rs.50,000/- (Rupees fifty thousand only), each with B.A. NO. 2454 OF 2024 6 two solvent sureties for the like amount each, to the satisfaction of the jurisdictional court;
iv) The petitioner shall co-operate with the investigation and make themselves available for interrogation and for the purpose of investigation as and when the Investigating Officer directs;
v). The petitioners shall not intimidate the witnesses or interfere with the investigation in any manner;
vi). The petitioners shall not get involved in any other offence while on bail.
vii).In case of violation of any of the conditions mentioned above, the jurisdictional court shall be empowered to consider the application for cancellation of bail, if any filed, and pass orders on the same, in accordance with law.
viii). Applications for deletion/modification of the bail conditions shall also be filed before the court below.
B.A. NO. 2454 OF 2024 7
(ix) Needless to mention, it would be well within the powers of the Investigating Officer to investigate the matter and, if necessary, to effect recoveries on the information, if any, given by the petitioners even while the petitioners are on bail as laid down by the Hon'ble Supreme Court in Sushila Aggarwal v. State (NCT of Delhi) and another [2020 (1) KHC 663].
SD/-
C.S.DIAS, JUDGE rmm3/4/2024