Kerala High Court
Sajeevan.C vs Unknown on 6 September, 2012
Author: P.Bhavadasan
Bench: P.Bhavadasan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.BHAVADASAN
THURSDAY, THE 6TH DAY OF SEPTEMBER 2012/15TH BHADRA 1934
Bail Appl..No. 6469 of 2012 ()
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(CRIME NO.1029/2012 OF MATTANNUR POLICE STATION, KANNUR DISTRICT)
PETITIONERS/ACCUSED NO.7, 33 TO 40, 43 TO 52:
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1. SAJEEVAN.C., AGED 35 YEARS
S/O.KRISHNAN, CHERAKKANDY PARAMBA
KEEZHALLUR AMSOM DESOM.
2. RAMESAN VELLUVAKANDY,, AGED 37 YEARS
S/O.ACHUTHAN, PARAKKANDY HOUSE
KOLARI AMSOM DESOM P.O.
3. MANOJ UCHAMBALLY, AGED 36 YEARS
S/O.KUNHAPPA, KILAKKATHU HOUSE, PARIYARAM
KOLARI P.O.
4. RATHEESAN, AGED 30 YEARS
S/O.KARUNAKARAN, THIRUVATHIRA, THEROOR PALAYODU.
5. RAJESH.P.P., AGED 29 YEARS
S/O.KUMARAN, REEMESH NIVAS, PUTHIYAPURAYIL
PATTANOOR, NAYIKKALI.
6. SANTHOSH MAILPRAVAN, AGED 37 YEARS
S/O.MADHAVAN, ADITHYA NIVAS, KUZHIKAL
P.O.KAYANI.
7. RAMESAN KADANNAPPALLY, AGED 40 YEARS
S/O.CHINDAN NAIR, VAZHAYIL PARAMBU HOUSE, P.O.KAYANI
KUZHIKKAL
8. C.K.VINODAN, AGED 41 YEARS
S/O.KUMARAN, C.K.HOUSE, PATTANOOR
KODOLIPRAM
9. HAREENDRAN MANAPPADAN, AGED 37 YEARS
S/O.KUNHIKANNAN, NADUVELEKANDY HOUSE, P.O.MALLANNOR
MALOOR.
10. K.A.SHAJI, AGED 40 YEARS
S/O.KUMARAN, ARUVIKKARA HOUSE, THEKKAMPOIL
ULIYIL P.O.
11. JITHESH.C., AGED 24 YEARS
S/O.BABU, THAIKKANDY HOUSE, AREECHAL
THILLENKERY P.O.
12. MOHANAN PERINGANAM, AGED 51 YEARS
S/O.KANNAN, KARIPPARAMBIL HOUSE, PERINGANAM
P.O.THILLANKKERY
13. VIJESH V.(VATTAPPARA), AGED 22 YEARS
S/O.KUNHIRAMAN, PRATHEEKSHA HOUSE, AREECHAL
P.O.THILLENKERY.
14. MANI.C.V., AGED 21 YEARS
CHALILVEEDU, S/O.RAJAN, KUTTIADICHALIL HOUSE
THILLENKERY P.O.
15. VIJITH.K., AGED 24 YEARS
S/O.BALAN, EDEEKKUNDU HOUSE, THILLENKERY P.O.
16. MAYINKUTTY.K.(KANIYATTAYIL), AGED 43 YEARS
S/O.KADARKUTTY, SHAJIMAS, THILLENKERY P.O.
17. RAJESH.C., AGED 25 YEARS
CHATHANPALLI, S/O.GOVINDAN, SHYAMALAYAM
EDEEKKUNDU HOUSE, THILLENKERY P.O.
18. ANANDA BABU.P.V., AGED 40 YEARS
S/O.GOPALAN, PUTHIYAVEEDU, PATTANOOR AMSOM
KODOLIPRAM.
19. DIVAKARAN KALIYADAN,, AGED 33 YEARS
S/O.KUNHIRAMAN, PUTHIYA VEEDU, PATTANOOR AMSOM
KODOLIPRAM.
BY ADV. SRI.P.V.SURENDRANATH
COMPLAINANT:
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STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR
HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN.
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON
06-09-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
SCL.
P.BHAVADASAN,J.
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B.A.No.6469 OF 2012
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Dated this the 6th day of September, 2012
ORDER
This is a petition filed under Section 439 of the Code of Criminal Procedure seeking bail by accused Nos.7, 33 to 40, 43 to 52 respectively in Crime No.1029/2012 of Mattannur Police Station for offences under Sections 143, 147, 148, 283, 294(b), 447, 324, 353, 332 and 308 read with 149 IPC and Section 3(1) of PDPP Act.
2. This court relieved the burden of narrating the facts of the case for a simple reason that accused 10, 12 to 15 18, 19, 23 to 32 have been granted bail at any rate by order dated 21.8.2012 in B.A.No.6075 of 2012.
3. The learned counsel for the petitioners point out that some leniency may be shown regarding the imposition of costs since the amount already deposited by this court by various accused exceed, the damages incurred by the State. The above contention may not be a ground to completely exonerate the petitioners from depositing any amount towards damages. The only benefit the petitioners shall derive is deposit a lesser amount. Accordingly, this petition is allowed as follows:
(i) The accused shall execute a bond for Rs.50,000/-
(Rupees Fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. If in case the Magistrate has any doubt about the genuineness or correctness of the tax receipts produced by the sureties, the learned Magistrate can insist for production of the B.A.No.6469 OF 2012 2 attested photo copies of the original title deeds of the sureties.
(ii) The accused shall make themselves available for interrogation by the Investigating Officer and that they should appear before the Investigating Officer on all Mondays and Fridays between 9.30 AM to 11.30 AM until further orders.
(iii) The accused shall produce their original passports before the learned Magistrate. If they are not having any valid passport, they should file an affidavit regarding the same before the Magistrate.
(iv) The accused will also file an affidavit that they will abide by all the conditions as mentioned above and that they will not commit any offence similar to the offence involved in this case and that they shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.
(v) The accused shall not leave the State of Kerala without the prior permission of the learned Magistrate.
(vi) The learned Magistrate will also ensure the identity of the sureties by insisting production of electoral photo identity cards/Driving licence etc. B.A.No.6469 OF 2012 3
4. The petitioners shall deposit Rs.4,000/- each in the light of the decision in Hemanth Kumar & others v. S.I. of Police & another ILR 2011 (4) Ker 261.
P.BHAVADASAN, JUDGE cms