Kerala High Court
K.A.George vs State Of Kerala on 28 October, 2013
Author: Thomas P. Joseph
Bench: Thomas P.Joseph
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH
MONDAY, THE 28TH DAY OF OCTOBER 2013/6TH KARTHIKA, 1935
Bail Appl..No. 6794 of 2013 (E)
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[CRIME NO. 1437/2013 OF KORATTY POLICE STATION , THRISSUR DISTRICT]
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PETITIONERS/ ACCUSED 1 TO 3:
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1. K.A.GEORGE, AGED 42,
MANAGER (FINANCE), NITTA GELATIN INDIA LTD.,
KOILPARAMBIL HOUSE, VIJAYA ROAD, MARADU P.O,
PIN - 682 304.
2. MANURAJ.V, AGED 34,
ASST. MANAGER (PRODUCTION),
NITTA GELATIN INDIA LTD., VILLAYIL HOUSE,
P.B.K. MINA ROAD, NEAR MODEL ENGINEERING COLLEGE,
THRIKKAKARA P.O, PIN-682 021.
3. ABDUL JABBAR.H, AGED 48,
MESSENGER, PAREPARAMBIL HOUSE, BAZAR ROAD,
H. NO 6/791, MATTANCHERRY, PIN - 682 002.
BY SRI.K.ANAND, SENIOR ADVOCATE,
ADV. SMT.LATHA KRISHNAN.
RESPONDENTS:
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1. STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA.
2. SUB INSPECTOR OF POLICE,
KORATTY POLICE STATION,
THRISSUR DISTRICT- 680 308.
BY PUBLIC PROSECUTOR SRI. SREEJITH.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 28-10-2013, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Prv.
THOMAS P. JOSEPH, J.
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Bail Appl. No.6794 of 2013
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Dated this the 28th day of October 2013
O R D E R
Petitioners are accused nos.1 to 3, in Crime No.1437 of 2013 of the Koratty Police station for the offences punishable under Secs.143, 147, 148, 341, 323, 308 read with Sec.149 of the Indian Penal Code. The allegation is that on 01.10.2013 at about 2 p.m., the petitioners and others who formed unlawful assembly, assaulted the defacto complainant with iron road, voluntarily caused hurt/grevious hurt and attempted to cause his death.
2. Learned Public Prosecutor submitted that there was a clash between the two groups in the premises of M/s. Nitta Gelatin Indian Ltd. It is also submitted that a case is registered against the defacto complainant as Crime No.1438 of 2013 for the offences under Secs. 326 and 308 etc. for (allegedly) assaulting the 2nd petitioner herein. It is further submitted that the iron rod (allegedly) used in the incident is recovered and that petitioners/A1 to A3 are not identified through the witnesses to the Bail Appl. No.6794 of 2013 2 alleged incident.
3. Having regard to the above, I am inclined to think that custodial interrogation of the petitioners is not required. Hence, I am inclined to grant relief to the petitioners.
Resultantly, the application is disposed of as under.
1. Petitioners shall surrender before the officer investigating Crime No. 1437 of 2013 of the Koratty Police Station on 04.11.2013 at 10.00 am for interrogation.
2. In case interrogation of the petitioners is not completed that day, it is open to the investigating officer to direct presence of the petitioners on any other day/dates and time which the petitioners shall comply.
3. In case arrest of the petitioners is recorded, they shall be produced before the jurisdictional magistrate the same day.
4. On such production, learned magistrate shall release the petitioners on bail ( if not Bail Appl. No.6794 of 2013 3 required to be detained otherwise)on their executing bond for Rs.25,000/- (Rupees twenty five thousand only) each with two sureties each for the like sum each to the satisfaction of the learned magistrate subject to the following conditions:
a) One of the sureties shall be a close relative of any of the petitioners.
b) Petitioners shall report to the investigating officer on every Saturday between 10.00 am and 12.00 pm for a period of two months or until filing of the final report, whichever is earlier.
c) Petitioners shall report to the investigating officer as and when required for interrogation.
d) Petitioners shall co-operate with the investigation of the case.
e) Petitioners shall not get involved any offence during the period of this bail. Bail Appl. No.6794 of 2013 4
f) Petitioners shall not go beyond the Thrissur and Ernakulam districts except if necessary to comply with the conditions above stated until otherwise ordered and except with the permission of the learned magistrate (until committal of the case and thereafter by the learned Sessions Judge, concerned).
g) In case any of the above condition is violated, it is open to the investigating officer to file application before the learned magistrate or the learned Principal Sessions Judge concerned as aforesaid, for cancellation of the bail granted hereby, as held in P.K. Shaji V. State of Kerala (AIR 2006 SC 100).
Sd/-
THOMAS P. JOSEPH JUDGE NS