Kerala High Court
Yadhukrishna vs State - Represented By S.I. Of Police on 3 February, 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
MONDAY,THE 3RD DAY OF FEBRUARY 2014/14TH MAGHA, 1935
BAIL APPL..NO. 700 OF 2014 ()
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CRIME NO. 5/2014 OF CHOTTANIKKARA POLICE STATION , ERNAKULAM
PETITIONERS/ACCUSED:
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1. YADHUKRISHNA
S/O.RAJAPPAN, CHENAPARAMBIL HOUSE, AGED 21
KUREEKKAD PO, ERNAKULAM
2. M.R.SURJI.M.RAJAN AGED 22 YEARS
S/O.RAJAPPAN, MALAYIL HOUSE, KANDANAD PO
ERNAKULAM
3. MANU JAMES AGED 21 YEARS
S/O.JAMES, KANDANAD PO, ERNAKULAM
4. ABIJITH AGED 22 YEARS
S/O.VINOD, MADAVANA HOUSE, KANDANAD PO
ERNAKULAM
5. ABEY MATHEW THANKACHAN AGED 20 YEARS
S/O.THANKACHAN, KANJIRAKATTU HOUSE, KANDANADU PO
ERNAKULAM
6. STASHINE AGED 19 YEARS
S/O.STANLY, PAINUNGAL HOUSE, KANDANAD PO
ERNAKULAM
7. SARATH AGED 29 YEARS
S/O.RAJAN NAIR, C/O.PETER, KALLUNGALTHARAYIL
KUREEKAD PO, ERNAKULAM
BY ADV. SRI.K.P.MADHU
BAIL APPL..NO. 700 OF 2014 ()
RESPONDENT/COMPLAINANT:
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STATE - REPRESENTED BY S.I. OF POLICE
CHOTTANIKKARA POLICE STATION
REPRESENTED BY THE PUBLIC PROSECUTOR
HIGH COURT OF KERALA, ERNAKULAM
BY PUBLIC PROSECUTOR SHRI SREEJITH
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
03.02.2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
THOMAS P.JOSEPH, J.
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B.A. No. 700 of 2014
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Dated this the 03rd day of February, 2014
O R D E R
Petitioners are accused 1 to 7 in Crime No.5 of 2014 of the Chottanikkara Police Station for the offences punishable under Sections 143, 144, 148, 341, 294(b), 323, 324 and 326 read with Sec.149 of the Indian Penal Code, apprehend arrest and have filed this application.
2. Learned Public Prosecutor opposed the application. It is submitted that on 01.01.2014 at 1.15 a.m., the petitioners attacked the de facto complainant and his brother with stone. It is submitted that accused 1 and 2 (allegedly) used the stone. The 2nd accused is involved in Crime No.82 of 2012 of the same police station for the offence punishable under Sec.308 of the IPC.
3. Learned counsel submits that allegations are false. It is submitted that when the 1st accused was dropping the 6th accused at Kandanad junction where the de facto complainant and others were engaged in consuming liquor they were attacked by the de facto complainant. When accused 3 to 5 and 7 came to the scene, they were also attacked. According to the petitioners B.A. No. 700 of 2014 -: 2 :- Crime No.6 of 2014 is registered against the de facto complainant and another for the offences punishable under Secs.323, 524 and 294(b) read with Sec.34 of the IPC.
4. Since the over act is attributed to accused 1 and 2/petitioners 1 and 2 and as the 2nd accused is involved in another case, their request for anticipatory bail cannot be allowed. But I am inclined to grant relief to accused 3 to 7/petitioners 3 to 7.
The application is disposed of as above.
(i) Request for anticipatory bail made by petitioners 1 and 2/accused 1 and 2 is rejected. If so advised, they can appear before the Investigating Officer or the court concerned.
(ii) Petitioners 3 to 7/accused 3 to 7 shall surrender before the Officer investigating Crime No.5 of 2014 of the Chottanikkara Police Station on 10.02.2014 at 10.00 a.m. for interrogation.
(iii) In case interrogation is not completed that day, it is open to the officer concerned to direct presence of petitioners 3 to 7 on other day/days and time as may be specified by him which they shall comply.
(iv) In case petitioners 3 to 7 are arrested, they shall be produced before the jurisdictional magistrate the same day. B.A. No. 700 of 2014 -: 3 :-
(v) On such production petitioners 3 to 7 shall be released on bail (if not 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 and subject to the following conditions:
(a) One of the sureties shall be a close relative of any of the petitioner (3 to 7).
(b) Petitioners 3 to 7 shall report to the Officer investigating the case on every alternate Saturday between 10.00 a.m. and 12.00 p.m. until final report is filed.
(c) Petitioners 3 to 7 shall report to the Officer investigating the case as and when directed by him.
(d) Petitioners 3 to 7 shall not intimidate or influence the witnesses.
(e) Petitioners 3 to 7 shall not get involved in any offence during the period of this bail.
(vi) In case petitioners 3 to 7 violate any of condition Nos.(b) to (e), it is open to the investigating officer to move the learned magistrate until committal if any and thereafter before B.A. No. 700 of 2014 -: 4 :- the Principal Sessions Judge concerned for cancellation of the bail as held in P.K.Shaji v. State of Kerala (AIR 2006 SC 100).
THOMAS P.JOSEPH, JUDGE.
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