Kerala High Court
Ajayakumar @ Mannur Ajayan vs State Of Kerala To Be Rep. By Public ... on 11 April, 2013
Author: P.Bhavadasan
Bench: P.Bhavadasan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.BHAVADASAN
THURSDAY, THE 11TH DAY OF APRIL 2013/21ST CHAITHRA 1935
Bail Appl..No. 2511 of 2013 ()
-------------------------------
CRIME NO. 1622/2012 OF MAVELIKKARA POLICE STATION, ALAPPUZHA DISTRICT
-----------------
PETITIONER/ACCUSED NO. 1 (UNDER JUDICIAL CUSTODY) :
---------------------------------------------------------------------------------------
AJAYAKUMAR @ MANNUR AJAYAN, AGED 49,
S/O.BALAKRISHNAN NAIR, KURIANNUR VEEDU
MANNADI KEEZHILLAM BHAGAM, AIRAPURAM VILLAGE
MUVATTUPUZHA
BY ADVS.SRI.K.S.MADHUSOODANAN
SRI.THOMAS CHAZHUKKARAN
SRI.M.M.VINOD KUMAR
SRI.P.K.RAKESH KUMAR
SRI.K.S.MIZVER
RESPONDENTS/COMPLAINANT & FORMAL PARTY :
--------------------------------------------------------------------------
1. STATE OF KERALA TO BE REP. BY PUBLIC PROSECUTOR
HIGH COURT OF KERALA, ERNAKULAM- 682 031.
2. DY.S.P. CHENGANNUR,
OFFICE OF THE DY.S.P., MAVELIKKARA,
MAVELIKKARA - 688 502.
R1 & R2 BY PUBLIC PROSECUTOR SRI. C. RASHEED
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11-04-2013,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Mn
P.BHAVADASAN, J.
---------------------------------------
Bail Application No.2511 OF 2013
---------------------------------------
Dated this the 11th day of April, 2013.
O R D E R
The petitioner is the 1st accused in Crime No.1622/2012 of Mavelikkara Police Station who is alleged to have committed the offences punishable under Sections 143, 147, 149, 361, 120B of the Indian Penal Code, Section 3 read with Section 10 and 13 of Unlawful Activities Prevention Act and Section 23 of the Juvenile Justice Act.
2. Initially, the petitioner's name was not in the First Information Report but it was subsequently incorporated as per Annexure-II and the rank of the accused was also changed. The allegation was that the other accused had convened a conference and there are two minor girls along with them and they have committed the above offences. They were taken into custody and this Court had occasion to consider whether any of the offences alleged against them are made out on the basis of the materials available.
B.A.No.2511/2013 2
3. This Court by order dated 09.04.2013, after elaborately considering various provisions of the Act for violation of which the accused were alleged to have committed the offences, came to the conclusion that no offences are made out and granted bail to the petitioners. There is no reason to take a different view in the case of the petitioner herein who is alleged to be the Secretary of the Revolutionary Democratic Front (RDF), an organisation which is banned in Andhra Pradesh, which according to the learned Public Prosecutor is parallel to the Maoist organisation which is banned in Kerala. There is nothing to show that Maoist group which is banned in Kerala is a limb of RDF in Andhra Pradesh. There is no reason to take a different view from that of the order dated 09.04.2013. Therefore, the application is allowed on the following conditions:
1) The petitioner shall execute a bond for Rs.25,000/-
(Rupees Twenty Five Thousand only) with two solvent sureties for the like sum each to the satisfaction of the Judicial First Class Magistrate Court-I, Mavelikara. The sureties of the petitioner should have permanent abode within Alleppey District and their solvency has to be satisfied by the Magistrate insisting for B.A.No.2511/2013 3 production of title deeds over immovable properties for the value fixed, or, certificate issued by competent revenue authority, or of their status as servants under the Government or public sector undertakings.
2) The petitioner shall report before the investigating officer at the station twice in a week on every Monday and Friday at a time between 10.00 a.m and 12.00 noon for a period of three months or till completion of investigation of the crime, whichever is earlier.
3) The petitioner shall not leave Alleppey District for a period of three months or till completion of investigation of the crime.
4) The petitioner shall not involve or indulge in any criminal act or violence or incite any person to commit any criminal act while he continues on bail in the present case and, if he does any such act, it is open to the Magistrate/Sessions Judge to cancel his bail without any further orders from this Court, but, in accordance with law.
5) The petitioner shall not leave the State till investigation of the crime is over without getting prior permission from the investigating officer in writing.
6) The petitioner shall furnish particulars of his address B.A.No.2511/2013 4 and also mobile phone number, if he possesses a phone, to enable the investigating officer to contact him and secure his presence as and when needed for completion of investigation of the crime. Such particulars shall be furnished by him to the investigating officer within one week from the date of his release.
P.BHAVADASAN JUDGE smp