Kerala High Court
Sunil vs State Of Erala on 4 April, 2013
Author: S.S.Satheesachandran
Bench: S.S.Satheesachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE S.S.SATHEESACHANDRAN
THURSDAY, THE 4TH DAY OF APRIL 2013/14TH CHAITHRA 1935
Bail Appl..No. 2339 of 2013 ()
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(CRIME NO. 2436/2012 OF KOTTARAKKARA POLICE STATION , KOLLAM DIST.)
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PETITIONER/ACCUSED 1 & 2:
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1. SUNIL, AGED 32 YEARS
S/O.GEORGE, MAPPILASSERIS VEEDU, KARUKON MURI
ALAYAMAM VILLAGE.
2. JELEEL, AGED 43 YEARS
S/O.MUHAMMED ISMAYIL, PEZHUVILA VEEDU, KARUKON MURI
ALAYAMAN VILLAGE.
BY ADV. SRI.RAJIT
RESPONDENT/STATE:
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STATE OF ERALA
REPRESENTED BY PUBLIC PROSECUTOR
HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SMT.SERENA GEORGE
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD
ON 04-04-2013, ALONG WITH BA. 2340/2013 AND CONNECTED CASES, THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:
VK
S.S.SATHEESACHANDRAN,J.
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B.A.No. 2339 of 2013
B.A.No. 2340 of 2013
B.A.No. 2561 of 2013
&
B.A.No. 2562 of 2013
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Dated this the 4th day of April, 2013
ORDER
These applications are filed by some of the accused (A1 to A3) in two criminal cases, crime No.2436/2012 and crime No.71/2013, both registered at Kottarakkara Police Station. Though the applications relate to two different crimes, having regard to the submissions made and facts and circumstances presented and also that the petitioners are common accused in both cases, they after being considered together are disposed under this common order.
2. B.A.No.2340 of 2013 is filed by 1st and 2nd accused in crime No.71/2013 and B.A.No.2561 of 2013 by the 3rd accused in that crime. B.A.No.2339 of 2013 and B.A.No.2562 of 2013 are filed by A1 and A2 together and A3 in crime No.2436 of 2012 respectively.
3. Allegations raised against the accused persons in the two crimes have common base. A1 is stated to be the land lord B.A.No. 2339 of 2013 B.A.No. 2340 of 2013 B.A.No. 2561 of 2013 2 & B.A.No. 2562 of 2013 with his wife, own some tenanted premises. Inorder to evict the tenants from those buildings, pursuant to criminal conspiracy hatched with A2 and A3, who are stated to be his relatives, a quotation gang was arranged by them. Pursuant there to the tenanted premises were set on fire, on two different occasions, firstly on 31.12.2012 and secondly on 12.01.2013, is the allegation. Such occurrences, allegedly, took place during night, and, later after the second incident, it is alleged, they having completely destroyed the tenanted premises, removing the roofs and pulling down walls etc. With respect to that incident, it is alleged, another crime has been registered, which too is now pending in investigation. Accused persons arrayed in all the three crimes are common, and, it is stated A4 to A7 in the crimes are members of a quotation gang who were arranged for setting fire and destruction of the tenanted premises. Initially the crime was registered naming another person as accused after the first incident, but, later, after investigation these persons were arrayed as accused deleting the person named as accused earlier. B.A.No. 2339 of 2013 B.A.No. 2340 of 2013 B.A.No. 2561 of 2013 3 & B.A.No. 2562 of 2013 Now, investigation in all the three crimes is stated to be in progress. These petitioners were arrested on 12.03.2013 and, later, on their production before the magistrate they were remanded to Judicial custody, which still continues.
4. Learned counsel for the 3rd accused in the aforesaid crimes, who is the petitioner in B.A.Nos.2561 of 2013 and 2562 of 2013, submits that he is a Homeopathic Doctor and the only fault on his part was of taking part in mediating the disputes between landlord and tenants. He was no way involved in the conspiracy or the criminal acts imputed is the submission of the counsel urging for his release on bail subject to conditions as deemed fit and proper to this Court. He will fully co-operate with the investigation of the crime is the further submission of the counsel, pointing out that his continued detention is not required for completing investigation of the crime. Learned counsel appearing for A1 and A2 in the crimes who are common in the two crimes, petitioners in B.A.Nos.2339 of 2013 and 2340 of 2013, submitting that they have been underging detention for B.A.No. 2339 of 2013 B.A.No. 2340 of 2013 B.A.No. 2561 of 2013 4 & B.A.No. 2562 of 2013 more than three weeks and their continued detention is not necessary for completing the investigation, urged for releasing them on bail. These petitioners are innocent and have been falsely implicated in the crime is the further submission of the counsel.
5. Opposing the applications learned public prosecutor submitted that the materials gathered by investigating agency disclose complicity of all petitioners with other accused, who are members of a quotation gang, in committing the offences in the three crimes. If petitioners are released at this stage that will cause threat to witnesses connected with the crime is the further submission of learned Public Prosecutor.
6. After hearing the submissions made by respective counsel for petitioners and also learned Public Prosecutor and having regard to the facts and circumstances presented, though the offences imputed are grave, taking note of the period of detention already undergone by petitioners, I find, they can be released at this stage subject to conditions safeguarding smooth completion of investigation of the crime. B.A.No. 2339 of 2013 B.A.No. 2340 of 2013 B.A.No. 2561 of 2013 5 & B.A.No. 2562 of 2013
1. Petitioners are directed to be enlarged on bail in both crimes on executing a bond for Rs.15,000/- (Rupees Fifteen Thousand only) each, in each of the two crimes, with two solvent sureties for the like sum by each of them, to the satisfaction of the Judicial First Class Magistrate-I, Kottarakkara.
2. Petitioners are directed to report before the investigating officer, once in a week, on every Sunday, at a time between 10 AM and 12 noon, for a period of three months or till completion of investigation in both crimes and filing of final report in the respective crime before the Court.
3. Petitioners shall not intimidate, terrorize or influence any of the witnesses connected with the crime, nor dissuade any person who is acquainted with the facts of the crimes, from speaking facts known to them to the Police or Court, as the case may be, nor tamper with the evidence of the crimes.
4. Petitioners shall surrender their B.A.No. 2339 of 2013 B.A.No. 2340 of 2013 B.A.No. 2561 of 2013 6 & B.A.No. 2562 of 2013 passports, if any, before the magistrate within a period of one week from the date of their release, and if any one of them does not have a passport, then he has to file an affidavit stating so within the above period.
5. Petitioners shall not get involved in any criminal case while they continue on bail in the present case and any one of them gets involved then it is open to the magistrate to cancel his bail without any further orders form this Court, but in accordance with law.
Sd/-
S.S.SATHEESACHANDRAN JUDGE.
//TRUE COPY// P.A TO JUDGE DG