Kerala High Court
Vivek vs The State Of Kerala on 17 March, 2014
Author: K.Ramakrishnan
Bench: K.Ramakrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN
MONDAY,THE 17TH DAY OF MARCH 2014/26TH PHALGUNA, 1935
Crl.MC.No. 1648 of 2014 ()
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CRMC.NO. 350/2014 OF SESSIONS COURT,MANJERI
CRIME NO. 225/2014 OF NILAMBUR POLICE STATION ,MALAPPURAM DISTRICT
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PETITIONERS/PETITIONERS/ACCUSED:
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1. VIVEK,S/O.VASUDEVAN,
KAKKUZHI HOUSE, KOVILAKATHUMURI,
NILAMBUR, MALAPPURAM DISTRICT.
2. DEEPAK,S/O.NARAYANAN,
VELLADATHODI HOUSE, KOVILAKATHUMURI,
NILAMBUR, MALAPPURAM DISTRICT.
3. SHAJAHAN, S/O MUSTAFA,
CHEMBAN HOUSE, CHAKKAPPAKUNNU,
NILAMBUR, MALAPPURAM DISTRICT.
4. SUHAIL,S/O.ABDUL MUJEEB,
VADAKKETHIL HOUSE, CHERUVATHUKUNNU,
NILAMBUR, MALAPPURAM DISTRICT.
5. PRABHU,S/O.RAVEENDRANATH,
PUTHANKALATHIL HOUSE, KRISHNA NIVAS,
VEETTIKUTHU, NILAMBUR, MALAPPURAM DISTRICT.
6. MUHASIN,/O.ABDUL NAZAR,
ULLATTUPARAMBAN, CHANDAKUNNU,
NILAMBUR, MALAPPURAM DISTRICT.
7. RAJESH,S/O.GOPALAKRISHNAN,
KUNNATH HOUSE, THAMARAKULAM,
NILAMBUR, MALAPPURAM DISTRICT.
BY ADV. SRI.BABU S. NAIR
RESPONDENTS/STATE & COMPLAINANT:
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1. THE STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, KOCHI - 682 031
2. THE SUB INSPECTOR OF POLICE, NILAMBUR POLICE STATION,
MALAPPURAM DISTRICT, PIN - 676 121.
BY PUBLIC PROSECUTOR SMT. S.HYMA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 17-03-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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Crl.MC.No. 1648 of 2014 ()
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APPENDIX
PETITIONER(S)' ANNEXURES:
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ANNEX A : TRUE COPY OF THE ORDER IN CRL.M.C.NO.350/2014 DATED,
11.03.2014 OF THE COURT OF SESSION, MANJERI
RESPONDENT(S)' ANNEXURES: NIL
/TRUE COPY/
P.A.TO.JUDGE
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K.RAMAKRISHNAN, J.
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Crl.M.C 1648 of 2014
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Dated this the 17th day of March, 2014
O R D E R
This is an application filed by the petitioner seeking modification of the condition imposed under Crl.M.C. 350/2014 of Sessions Court, Manjeri under Section 482 of Code of Criminal Procedure.
2. It is alleged in the petition that the petitioners were shown as accused in Crime No.225/2014 of Nilambur Police Station registered by the Nilambur Police alleging offences under Section 143, 448 and 427 read with Section 149 of Indian Penal Code and Section 3(1) of Prevention of Destruction of Public Property Act (in short 'PDDP Act'). The case of the prosecution was that on on 15.02.2014, when the minister came to Nilambur to attend a public function, the petitioners who belonged to DYFI had conducted a protest against the minister in respect of not conducting proper investigation in connection with the death of a lady committed in the Congress Office and they caused damage to the property as well worth Rs.6,500/- and thereby they have committed the above said offence.
3. According to the petitioners, in fact, they were Crl.M.C 1648 of 2014 2 attacked by the congress workers and both congress workers and workers of the petitioners' party, who sustained injuries were taken to Taluk Government Hospital, Nilambur and there was some push and pull occurred in that hospital between these two groups causing some damages to the hospital articles and they have not committed any offences and they moved the Sessions Court, Manjeri in Crl.M.C No. 350/2014 for granting anticipatory bail.
4. The learned Sessions Judge, by Annexure A order allowed the petition granting anticipatory bail with condition inter alia that, the petitioners shall deposit Rs.6,500/- each as condition No.4. This condition is being challenged by the petitioners before this Court by filing this application.
5. Heard the learned counsel for the petitioner and learned Public Prosecutor.
6. The counsel for the petitioners submitted that the condition directed to the petitioner to deposit Rs.6,500/- each as a condition for granting anticipatory bail is illegal, especially when the total loss alleged to have been sustained in the Crl.M.C 1648 of 2014 3 incident is only Rs.6,500/- and as per the decision reported in Hemant Kumar v Sub Inspector of Police 2010 (4) KLT 288, they need only deposit either the total amount or even a lesser amount to the discretion of the court. So, the learned counsel for the petitioners wanted to modify that order.
7. The application is opposed by the learned Public Prosecutor on the ground that the public property has been destructed by vandalism of the petitioners.
8. It is an admitted fact that a crime has been registered against the petitioners as Crime No.225/2014 by Nilambur Police, in respect of an incident happened on 15.02.2014, where some articles of the Taluk Government Hospital, Nilambur was damaged alleging offences under Section 143, 448 and 427 read with Section 149 of Indian Penal Code and Section 3(1) of PDDP Act.
9. For the first time, this Court while considering the offences under the above Act held in Hemant kumar's Case (supra) that the cases of this nature will have to be viewed seriously and the alleged accused persons must be directed to Crl.M.C 1648 of 2014 4 deposit the loss sustained by the State as a condition for granting bail in such cases, and that amount can be disbursed only after the disposal of the case that too if the accused persons were found not guilty of the offence alleged. In the decision, it has been held that in cases where public properties destroyed, the value of the same or even more should be directed to be deposited by the accused as a condition for grant of bail. But in this case, even as per the prosecution case, the total value of the article destroyed is only Rs.6,500/-. So, the condition imposed by the Sessions Court to deposit Rs.6,500/- each by each accused persons appears to be unwarranted in view of the dictum laid down in the above decision. So the above condition is modified as follows:
The petitioners are directed to deposit jointly Rs.6,500/- as a condition for granting anticipatory bail as directed by the Sessions Court as per Annexure A order. The other condition imposed by the court below will remain in tact. The amount can be disbursed only in accordance with the dictum laid down in Hemant kumar's Case (Supra). Crl.M.C 1648 of 2014 5 With the above modification and observation, the petition is disposed of. Office is directed to communicate this order to the concerned Sessions Court as well to the Judicial First Class Magistrate Court, Nilambur.
K.RAMAKRISHNAN, JUDGE jm/