Kerala High Court
Kuttikrishnan vs State Of Kerala on 25 February, 2019
Author: Sunil Thomas
Bench: Sunil Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
MONDAY ,THE 25TH DAY OF FEBRUARY 2019 / 6TH PHALGUNA, 1940
Bail Appl..No. 1266 of 2019
CRIME NO. 50/2019 OF CHERPULASSERY POLICE STATION , PALAKKAD
PETITIONERS/ACCUSED NO.4 TO 9:
1 KUTTIKRISHNAN, AGED 40 YEARS, S/O.SUBRAMANIAN,
THRIKKADEERI, CHERPULASSERY, PALAKKAD DISTRICT.
2 ANANTHANARAYANAN, AGED 35 YEARS, S/O.APPUTTY,
CHERPULASSERY, PALAKKAD DISTRICT.
3 SHARAFUDHEEN, AGED 28 YEARS, S/O.MAJEED, KUTTIKODE,
CHERPULASSERY, PALAKKAD DISTRICT.
4 SHYAM MOHAN, AGED 25 YEARS
S/O.MOHAN, CHERPULASSERY, PALAKKAD DISTRICT.
5 SUJITH, AGED 24 YEARS, S/O.BALAN, NELLAYA,
CHERPULASSERY, PALAKKAD DISTRICT.
6 AJESH, AGED 30 YEARS, S/O.MOHANAN, NELLAYA,
CHERPULASSERY, PALAKKAD DISTRICT.
BY ADV. SRI.NIREESH MATHEW
RESPONDENT/COMPLAINANT:
STATE OF KERALA,
REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM.
(PP) SRI. AJITH MURALI
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25.02.2019,
ALONG WITH BA.NO.1273/2019, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Bail Appl..No. 1266 of 2019 &
Bail Appl..No. 1273 of 2019
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
MONDAY ,THE 25TH DAY OF FEBRUARY 2019 / 6TH PHALGUNA,
1940
Bail Appl..No. 1273 of 2019
AGAINST THE ORDER IN CRMP 1725/2019 of JUDICIAL
MAGISTRATE OF FIRST CLASS - I, OTTAPPALAM
CRIME NO. 50/2019 OF CHERPULASSERY POLICE STATION ,
PALAKKAD
PETITIONERS/ACCUSED NO.1 TO 3 AND 10:
1 JIMSHAD, AGED 25 YEARS
S/O. BASHEER, PULICKAL HOUSE, NELLAYA,
PALAKKAD DISTRICT.
2 SANOOP, AGED 19 YEARS
S/O.PRADEEP, PARACKAL HOUSE, THRIKKATEERI
POST, PALAKKAD DISTRICT.
3 UNNI MAMMU, AGED 32 YEARS
S/O. KUNJI MOHAMMED, KORANCHIRA HOUSE,
POMBILAYA, PALAKKAD DISTRICT.
4 MUHAMMED SHAFEEK, AGED 30 YEARS
S/O. MUHAMMED, KILAIL HOUSE, ATTASSERI,
THRIKKATEERI POST, PALAKKAD DISTRICT.
BY ADV. SRI.NIREESH MATHEW
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH
COURT OF KERALA, ERNAKULAM.
(PP) SRI. C.N. PRABHAKARAN
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
25.02.2019, ALONG WITH BA.NO.1266/2019, THE COURT ON THE
SAME DAY PASSED THE FOLLOWING:
Bail Appl..No. 1266 of 2019 &
Bail Appl..No. 1273 of 2019
3
COMMON ORDER
(BA.No.1266/2019 & BA.No.1273/2019) The petitioners are accused in Crime No.50/2019 of Cherpulassery Police Station, for offences punishable under sections 143, 147, 341, 353 and 225 B read with section 149 of the Indian Penal Code.
2. The allegation of the prosecution is that, on 12.02.2019 while the festival was going on in connection with the pooram festival, accused No.1 to 3, entered into an altercation. They were taken to custody by the SI and was taken to the police station in a police jeep. They were entrusted in the custody of the police and necessary entries were made in the register. While so, at about 23.10 pm., the accused Nos.4 to 10, led by accused Nos.4 to 5, reached the police station pushed the police constable on duty and forcefully salvaged accused No.1 to
3. When the senior police officer interfered, he was also pushed down. Crime was registered, arraying all of them Bail Appl..No. 1266 of 2019 & Bail Appl..No. 1273 of 2019 4 as accused. Accused Nos.1 to 3 were arrested on 13.02.2019 and accused No.10 was arrested on 14.02.2019. They are in custody since then. They seek bail in BA.No.1273/2019. The remaining accused apprehending arrest seek bail by filing BA.No.1266/2019.
3. According to the learned counsel for the petitioners accused Nos.1 to 3 were neither arrested nor taken in custody. Remaining accused went to the police station to complain about an illegal lathi charge allegedly committed by the police constables. They have not forcefully released accused Nos.1 to 3.
4. However, the statement of the senior police officer indicates that accused No.4 to 10, forcefully barged inside the police station, pushed down the police constable and forcefully released accused Nos.1 to 3. The allegation against the petitioners is very serious. Such trend among the accused, committing illegal acts not only outside the police station, but even going to the extent of releasing persons apprehended by the police cannot be tolerated. Bail Appl..No. 1266 of 2019 & Bail Appl..No. 1273 of 2019 5 Considering the seriousness of the allegations, I am not inclined to grant bail to accused Nos.4 to 9. However, the antecedents of accused No.1 does not appear to be appreciable. He is involved in five other cases and 107 Cr.P.C proceedings were initiated against him. Hence, I am not inclined to grant bail to accused No.1, who is the first petitioner at present. However, the remaining accused have no other criminal antecedents. Hence I am inclined to grant bail to accused Nos.2, 3 and 10, at this length of time. Hence, BA.No.1273/2019 is allowed in part as follows:
(i) Petitioners 2, 3 and 4, (who are accused Nos.2,3 and 10) shall execute a bond for a sum of Rs.50,000/-
(Rupees fifty thousand only) each with two sureties for the like sum each to the satisfaction of the jurisdictional Court.
(ii) They shall appear before the investigating officer on all Mondays and Fridays between 9 am and 10 am for a period of three months from the date of their release.
(iii) They shall not threaten, coerce or intimidate the Bail Appl..No. 1266 of 2019 & Bail Appl..No. 1273 of 2019 6 defacto complainant and the witnesses nor shall they interfere in the process of investigation.
(iv) They shall not get involved in any other identical offences and the involvement if any, will be a ground for cancellation of bail.
Bail application No.1273/2019 is allowed in part. Bail application of the first petitioner, who is accused No.1 is dismissed.
Bail application No.1266/2019 is dismissed.
Sd/-
SUNIL THOMAS, JUDGE R.AV //True Copy// PA to Judge