Kerala High Court
Meena Salamon vs State Of Kerala on 20 November, 2019
Author: Alexander Thomas
Bench: Alexander Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
WEDNESDAY, THE 20TH DAY OF NOVEMBER 2019 / 29TH KARTHIKA, 1941
Bail Appl..No.7893 OF 2019
CRIME NO.426/2019 OF Erumapetty Police Station , Thrissur
PETITIONERS:
1 MEENA SALAMON
AGED 39 YEARS
W/O.SALAMON, PULIKKOTTIL HOUSE, ERUMAPPETTY DESOM,
KARIYANNUR VILLAGE, THRISSUR DISTRICT.
2 GOVINDANKUTTY
AGED 58 YEARS
S/O.NARAYANAN NAIR, KAKKAT HOUSE, ERUMAPETTY,
THRISSUR DISTRICT.
3 KABEER.N.K.
AGED 44 YEARS
S/O.KUNHU, NARANATH HOUSE, KARIYANNUR, ERUMAPETTY,
THRISSUR DISTRICT.
BY ADVS.
SRI.SANTHOSH P.PODUVAL
SMT.R.RAJITHA
SMT.CHITHRA.S.BABU
SRI.R.N.SANDEEP
RESPONDENT:
STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM.
SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
20.11.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No.7893 OF 2019
2
ALEXANDER THOMAS, J
============================
BA No. 7893/2019 ============================================== Dated this the 20th day of November 2019 The petitioners herein has been arrayed as the accused nos. 1 to 3 among the 3 accused in the instant crime No. 426/2019 of Erumappetty police station which has been registered for offences punishable under sections 341, 323, 354 and section 34 of the IPC. The said case has been registered on the basis of FIS given by the lady defacto complainant on 26/10/2019 at about 1.36 pm in respect of the alleged incidents which happened on the previous day ie, 25/09/2019 at about 6.30 pm in the evening.
2. The petitioners herein (Accused 1 to 3) are the President, Vice President and Ward member respectively of the Erumappetty Grama Panchayat and that on 25/10/2019, at about 6.30 pm, they have pushed down the lady defacto complainant while they have entered into a quarrel with her regarding the establishment of a Waste Management Plan and that she has suffered injury on the left hand and that thereby they have committed the above said offences.
3. Counsel for the petitioners would point out that the above said allegations are false and baseless and further that the truth of the matter is Bail Appl..No.7893 OF 2019 3 entirely the other way around and that Annexure A crime no.425/2019 of Erumappetty Police Station has been registered for offences punishable under sections 143, 147, 149, 341, 294(b), 323 and 354 of the IPC on the basis of the FIS given by the 1st petitioner herein (A1) on 26/10/2019 in the early morning hours of that day in respect of the alleged incidents which happened on the previous day 25/10/2019 at about 6 pm and the accused persons therein 5 in number had unlawfully formed themselves into an assembly on 25/10/2019 at 6 pm, in order to obstruct the surveyor from ascertaining as to the illegal encroachment said to have been made into the subject property, and that the said survey was being conducted as per the directions of the petitioners herein who are the office bearers of the Erumappetty Grama Panchayat and that the petitioners were also present at the said site on that day at that time and that the accused persons had abused the surveyor and the petitioners herein and had assaulted them and wrongfully restrained them. That the lady defacto complainant in the instant case was also a person in the locality who is supporting the cause of the above said obstructors who are the accused in the above said Annexure A crime. That Annexure A crime was registered first and it is only as a counter blast to the same, the present impugned crime has been got registered making false allegations. Further that the petitioners were present in the site only to ensure that the survey is done by a Government Bail Appl..No.7893 OF 2019 4 Surveyor properly, to take care of the interest of the Erumappetty Grama Panchayat as the petitioners are the President, Vice President and Ward Member of the said Panchayat. Accordingly it is urged by the counsel for the petitioners that this Court may grant anticipatory bail to the petitioners subject to any stringent conditions.
4. After hearing both sides and after careful evaluation of facts and circumstances of this case and taking note of the allegations disclosed in this case and taking note of the allegations disclosed in the counter case, this Court is inclined to take the view that custodial interrogation of the petitioners may not be really necessary or warranted for effectuating the smooth and fair conduct of investigation in this case.
5. Accordingly it is ordered that in the event of the petitioners being arrested in relation to the above said crime, then they shall be released on bail on their separately executing the bond for Rs.40,000/- and on their separately furnishing two solvent sureties for the like sum each both to the satisfaction of the investigation officer concerned.
6. However, the grant of bail may be subject to the following conditions.
(i)The petitioners shall not involve in any criminal offences of similar nature.
(ii)The petitioners shall fully co-operate with the investigation.
(iii)The petitioners shall report before the investigating officer as and Bail Appl..No.7893 OF 2019 5 when required in that connection.
(iv)The petitioners shall not influence witness or shall not tamper or attempt to tamper evidence in any manner, whatsoever.
(v)If there is any violation of the abovesaid conditions by the petitioners, then the jurisdictional court concerned will stand hereby empowered to consider the plea for cancellation of bail at the appropriate time.
With these observations and directions, the above Bail Application will stand disposed of.
Sd/-
ALEXANDER THOMAS
Nsd JUDGE