Kerala High Court
C.G. Jayaprakash @ Jp Kulakkada vs State Of Kerala on 10 October, 2023
Author: P Gopinath
Bench: P Gopinath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
TUESDAY, THE 10TH DAY OF OCTOBER 2023 / 18TH ASWINA, 1945
BAIL APPL. NO. 6122 OF 2023
CRIME NO.516 OF 2023
PETITIONER/ACCUSED:
GARGIAN SUDHEERAN,
AGED 48 YEARS
S/O.UTHAMAN, SIVADA, MALAYATTOOR VILLAGE, ALUVA,
ERNAKULAM, PIN - 683587
BY ADV N.J.MATHEWS
RESPONDENT/STATE/DEFACTO COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
COCHIN, PIN - 682031
2 INSPECTOR OF POLICE,
KADAKKAL POLICE STATION, KOLLAM, PIN - 691536
3 O.V.SREEDATH,
GOVINDAMANDIRAM, THALAYAL, RUSSELPURAM.P.O.,
BALARAMAPURAM, PIN - 695501
SRI.VIPIN NARAYAN(SR.PP)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
10.10.2023, ALONG WITH Bail Appl..7557/2023, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
B.A.Nos.6122 & 7557 of 2023
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
TUESDAY, THE 10TH DAY OF OCTOBER 2023 / 18TH ASWINA, 1945
BAIL APPL. NO. 7557 OF 2023
CRIME NO.516 OF 2023
PETITIONERS/ACCUSED:
1 C.G. JAYAPRAKASH @ JP KULAKKADA,
AGED 57 YEARS
PALLIYIL, KULAKKADA EAST.P.O, KOLLAM DISTRICT, KERALA, PIN
- 691521
2 SHAMLA V K,
AGED 55 YEARS
PANAMOOTTI KIZHAKKATHIL, KULAKKADA EAST PO, MALAPARA,
KOLLAM, PIN - 691521
3 O P RAJAN @ OPR,
AGED 66 YEARS
ORANAKUDI HOUSE, PERUMBAVOOR, VENGOLA.P.O, ERNAKULAM, PIN
- 683556
4 ARSHA JAYAPRAKASH,
AGED 23 YEARS
D/O. SREEKANTH, PALLIYIL, KULAKKADA EAST.P.O, KOLLAM
DISTRICT, KERALA, PIN - 691521
5 K.M.RADHAKRISHNAN,
AGED 80 YEARS
BHOODANANDHA, INCHAMOODI P O, THRISSUR DISTRICT, PIN -
690501
6 P CHANDRABOSE,
AGED 57 YEARS
CHANDRAS, VALLIKUNNAM PO, ALAPPUZHA, PIN - 690501
BY ADV N.J.MATHEWS
RESPONDENTS/STATE/DEFACTO COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA,COCHIN, PIN - 682031
2 INSPECTOR OF POLICE,
KADAKKAL POLICE STATION,KOLLAM, PIN - 691536
3 O.V.SREEDATH,
GOVINDAMANDIRAM, THALAYAL, RUSSELPURAM.P.O, BALARAMAPURAM,
PIN - 695501
SRI K.A. NOUSHAD (SR PP)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
10.10.2023, ALONG WITH Bail Appl..6122/2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
B.A.Nos.6122 & 7557 of 2023
3
ORDER
Petitioners in these bail applications are accused Nos.1 to 7 in Crime No.516 of 2023 of Kadakkal Police Station, Kollam District, which has been registered alleging commission of offences under Section 228(A) of Indian Penal Code and read with Sections 107, 120B, 228A, 419, 468 and 501 read with Section 34 of the IPC and Sections 16, 17, 18, 20(1) (2)(3) of POCSO Act. The crime was registered at the instance of one O.B.Sreedath. The allegation against the petitioners is that they have prepared fake receipts and notices and impersonated themselves as office bearers of a political party by name Socialist Republican Party. There is a further allegation that the petitioner in B.A.No.6122 of 2023 (First accused) made some allegations against the defacto complainant and his family and also revealed the name of a victim in a B.A.Nos.6122 & 7557 of 2023 4 POCSO case and thereby they committed the offences alleged against them.
2. Learned counsel appearing for the petitioners would submit that the petitioners and the defacto complainant are members of a political party known as the Socialist Republican Party. It is submitted that the complaint has been filed on account of factional disputes within the said political party. It is submitted that the allegation against the petitioner in B.A.No.6122 of 2023 that he had revealed the name of a victim in a POCSO case is also incorrect. It is submitted that pursuant to the interim order in B.A.No.6122 of 2023, the petitioner in B.A.No.6122 of 2023 had surrendered and had co-operated with the investigation. It is submitted that considering the nature of the allegations and the facts and the circumstances of the case, the custodial interrogation of the petitioners may not be necessary.
3. The learned Public Prosecutor refers to the B.A.Nos.6122 & 7557 of 2023 5 allegations against the petitioners from the first information statement of the defacto complainant. It is submitted that the matter is under investigation and a clearer picture will be available only after investigation is complete. To a pointed question from the Court, the learned Public Prosecutor submits that the petitioner in B.A.No.6122 of 2023 had surrendered before the Investigating Officer and had also co- operated with the investigation.
4. Having heard the learned counsel for the petitioners and the learned Public Prosecutor, I am of the opinion that the petitioners can be granted anticipatory bail subject to conditions. The allegations against the petitioners in a nutshell are as noticed above. Considering the nature of the allegations, it cannot be said that a proper investigation to the crime registered against the petitioners can be completed only with the custody of the petitioners. Learned Public Prosecutor does not dispute the fact that B.A.Nos.6122 & 7557 of 2023 6 pursuant to the interim order in B.A.No.6122 of 2023, the 1st accused who was alleged to have made some defamatory posts on Facebook had appeared before the Investigating Officer and handed over his mobile phones etc. for the purpose of investigation.
Considering all these facts, I am of the opinion that the petitioners in these bail applications can be granted anticipatory bail subject to conditions.
In the result, these applications are allowed. It is directed that the petitioners shall be released on anticipatory bail, in the event of arrest in Crime No.516 of 2023 of Kadakkal Police Station subject to the following conditions:-
(i) Petitioners shall execute separate bonds for sums of Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the arresting officer;
(ii) Petitioners shall appear before the investigating officer in Crime No.516 of 2023 of B.A.Nos.6122 & 7557 of 2023 7 Kadakkal Police Station at 11.00 am on 16.10.2023 and thereafter whenever summoned to do so;
(iii) Petitioners shall not attempt to contact the complainant or interfere with the investigation or to influence or intimidate any witness in Crime No.516 of 2023 of Kadakkal Police Station;
(iv) Petitioners shall not involve in any other crime while on bail.
If any of the aforesaid conditions are violated, the Investigating officer in Crime No.516 of 2023 of Kadakkal Police Station may file an application before the jurisdictional Court for cancellation of bail.
Sd/-
GOPINATH P. JUDGE SSK/10/10 B.A.Nos.6122 & 7557 of 2023 8 APPENDIX OF BAIL APPL. 7557/2023 PETITIONER ANNEXURES Annexure A1 A TRUE COPY OF THE FIRST INFORMATION REPORT ACCUSED IN CRIME NO. 516/2023 OF KADAKKAL POLICE STATION Annexure A2 A TRUE COPY OF THE STATEMENT CIRCULATED THROUGH THE ELECTRONIC MEDIA BY THE 1ST ACCUSED Annexure A3 A TRUE COPY OF THE STATEMENT SO FORWARDED TO RESPONDENT NO.2 B.A.Nos.6122 & 7557 of 2023 9 APPENDIX OF BAIL APPL. 6122/2023 PETITIONER ANNEXURES Annexure 1 TRUE COPY OF THE FIRST INFORMATION REPORT ACCUSED IN CRIME NO. 516/2023 OF KADAKKAL POLICE STATION Annexure 2 TRUE COPY OF THE STATEMENT CIRCULATED THROUGH THE ELECTRONIC MEDIA Annexure 3 THE COPY OF THE STATEMENT FORWARDED TO RESPONDENT NO.2 Annexure 4 THE TRUE COPY OF THE FIR NO. 516/2023 OF KADAKKAL POLICE STATION DATED 23.03.2023