Kerala High Court
Indushekar Alva vs State Of Kerala on 7 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
FRIDAY, THE 7TH DAY OF MARCH 2014/16TH PHALGUNA, 1935
Bail Appl..No. 1523 of 2014 (A)
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[CRIME NO. 708/2013 OF KUMBLA POLICE STATION ,
KASARAGOD DISTRICT]
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PETITIONERS/ACCUSED NOS. 1 TO 5:
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1. INDUSHEKAR ALVA, AGED 52 YEARS,
S/O.SHANTHA ALVA, GUDDE MANE, BAMBRANA VILLAGE,
BOMBRANA, KASARAGOD DISTRICT.
2. K.SHANKARA ALVA, AGED 51 YEARS,
S/O.KINHANNA ALVA,KOTIKKAR HOUSE,KUMBLA,
KOIPADY VILLAGE, KASARAGOD DISTRICT.
3. SHANKAR, AGED 41 YEARS,
S/O.AITHA, KUNTENGARADKA, KOIPADY VILLAGE, KUMBLA,
KASARAGOD TALUK, KASARAGOD DISTRICT.
4. VIJEETH, AGED 24 YEARS,
S/O.SEETHARAM, C.H.C ROAD, MATANGOZHI, KUMBLA,
KOIPADY VILLAGE, KASARAGOD DISTRICT.
5. RAMESH, AGED 46 YEARS,
S/O.KUNHIRAM CHETTIYAR(LATE), SHETTY GADDE, KUMBLA,
KOIPADY VILLAGE, KASARAGOD DISTRICT.
BY ADV. SRI.K.P.HARISH.
RESPONDENTS/STATE OF KERALA & COMPLAINANT:
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1. STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
2. THE STATION HOUSE OFFICER,
(IN CRIME NO 708 OF 2013 OF KUMBLA POLICE STATION)
KASARAGOD DISTRICT - 671 312.
BY PUBLIC PROSECUTOR SMT. LALIZA.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 07-03-2014, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Prv.
THOMAS P. JOSEPH. J.
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Bail Application No.1523 of 2014
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Dated this the 7th day of March, 2014
O R D E R
Petitioners are accused 1 to 5 in Crime No. 708 of 2013 of the Kumbla police station for the offences punishable under Secs.143, 147 and 283 r/w. Sec.149 of the Penal Code, apprehend arrest and have filed this application.
2. Learned Public Prosecutor has opposed the application. It is submitted that on 08.12.2013 at about 01:30 p.m. the petitioners and others took out a procession to celebrate victory of their party and damaged the meadow decorating the traffic circle.
3. Learned counsel submits that the allegations are not true.
4. Having regard to the nature of allegations, I am inclined to think that custodial interrogation of the petitioners is not required. Hence I am inclined to grant B.A No.1523 of 2014 2 relief but subject to conditions.
Application is allowed as under:
1) Petitioners shall report to the officer investigating Crime No. 708 of 2013 of the Kumbla police station on 14.03.2014 at 10:00 a.m. for interrogation.
2) In case interrogation is not completed that day, the said officer can direct the petitioners to appear before him on any other date/dates and time which they shall comply.
3) In case the petitioners are arrested, they shall be produced before the jurisdictional magistrate the same day.
4) On such production, the petitioners shall be released if not required to be detained otherwise on their executing bond for Rs.15,000/- (Rupees Fifteen 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 B.A No.1523 of 2014 3 the petitioners.
b) Petitioners shall deposit Rs.5,000/- (Rupees Five thousand only) each in a nationalised bank for a period of two years (renewable as per the order of the learned magistrate) and produce the FD receipts before the learned magistrate while executing the bail bond.
c) In case the petitioners or any of them is made liable to pay compensation, such compensation could be realised from the amount in deposit.
d) Petitioners shall report to the investigating officer on every alternate Saturday between 03:00 p.m. and 05:00 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 intimidate/influence the witnesses.
g) Petitioners shall not, during the period of this bail get involved in any offence.
B.A No.1523 of 2014 4
h) In case of violation of any of condition Nos. (d) to (g), the bail granted hereby is liable to be cancelled by moving application before the learned magistrate by the investigating officer as held in P.K. Shaji V. State of Kerala (AIR 2006 Supreme Court 100).
Sd/-
THOMAS P.JOSEPH, JUDGE //true copy// P.A. to Judge Smv