Allowed

Dasan v. State of Kerala

Kerala HC24 Jul 2012Bail Appl./4407/2012

Case brief

AI extract

What is this about?

The High Court of Kerala granted anticipatory bail to eight petitioners charged under various IPC sections including unlawful assembly and arson, subject to specific conditions regarding surrender, court appearance, and non-interference.

What did the court decide?

Petitioners granted bail on surrender within 10 days subject to executing bond with sureties, appearing for interrogation, filing passports/affidavits, and not leaving Kerala without permission.

Dasan Vs State of Kerala — Bail and Remand | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE N.K.BALAKRISHNAN

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TUESDAY, THE 24TH DAY OF JULY 2012/2ND SRAVANA 1934

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Bail Appl..No. 4407 of 2012 ()

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-----------------------------(CRIME NO.521/2012 OF ANCHALUMOOD POLICE STATION, KOLLAM DISTRICT)

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PETITIONER/ACCUSED 1 TO 8:

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1. DASAN,

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S/O JOHN, AGED 50 YEARS,MANUKUZHI, MATHIL CHERRY, THRIKKADAVOOR VILLAGE, KOLLAM TALUK, KOLLAM DISTRICT.

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2. DAYANANDAN,, S/O. LAVY, AGED 43 YEARS, MULTHURAVILA MATHILIL CHERRY, THRIKKADAVOOR VILLAGE, KOLLAM TALUK, KOLLAM DISTRICT.

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3. INNOCENT, , AGED 43 YEARS, S/O JOHUVA, MANNUKUZHIYIL, MATHILIL CHERRY, THRIKKADAVOOR VILLAGE, KOLLAM TALUK, KOLLAM DISTRICT.

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4. JOSE , AGED 47 YEARS, S/O JOHN, MANNUKUZHIYIL, MATHILIL CHERRY, THRIKKADAVOOR VILLAGE, KOLLAM TALUK, KOLLAM DISTRICT.

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5. GEORGE,, AGED 40 YEARS, S/O JOHN, MANNUKUZHIYIL, MATHILIL CHERRY, THRIKKADAVOOR VILLAGE, KOLLAM TALUK, KOLLAM DISTRICT.

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6. BENOY,, AGED 44 YEARS, S/O JOHN, MANNUKUZHIYIL, MATHILIL CHERRY, THRIKKADAVOOR VILLAGE, KOLLAM TALUK KOLLAM DISTRICT.

..2/-

Kss

..2....

B.A.NO.4407/2012

7. DALAN, AGED 45 YEARS,

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S/O. CLEETUS, KATTUVILA PUTHUVAL, MATHILIL CHERRY, THRIKKADAVOOR VILLAGE, KOLLAM TALUK, KOLLAM DISTRICT.

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8. SOLOMON,, AGED 53 YEARS,

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S/O. JOHN, MANNUKUZHIYIL, MATHILIL CHERRY, THRIKKADAVOOR VILLAGE, KOLLAM TALUK, KOLLAM DISTRICT.

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BY ADV. SRI.JOHNSON GOMEZ

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RESPONDENTS/DEFACTO COMPLAINANT & STATE:

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1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM THROUGH

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THE SUB INSPECTOR OF POLICE, ANCHALUMMOOD POLICE STATION, KOLLAM, PIN-691 601.

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2. ASBAN,, AGED 57 YEARS, S/O. FRANCIS, MELAYIL HOUSE, HOUSE NO.411, WARD NO.XVII, MATHILIL CHERRY, THRIKKADAVOOR VILLAGE, KOLLAM TALUK, PIN NO.691 601.

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R1 BY PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24-07-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Kss

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N.K.BALAKRISHNAN, J.

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==================

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B.A.No. 4407 of 2012

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========================= Dated this the 24^th day of July, 2012

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ORDER

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Petitioners are A1 to A8 in Crime No.521/2012 of Anchalumood Police Station, Kollam District. The offences alleged against them are under Secs.143, 147, 148, 447, 324, 294(b), 427 and 436 r/w 149 of IPC. Apprehending arrest, this petition is filed for anticipatory bail.

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It is alleged that the accused persons formed themselves into an unlawful assembly and with intend to destroy the compound wall, trespassed into the property of the defacto complainant and destroyed the compound wall and set fire to a shed situated in that property.

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Learned counsel for the petitioners submits that the property in question is not actually the property of the complainant. It is only a Government Puramboku land. It is also stated that, with the help of a Police

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B.A.No.4407/2012

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: 2 :

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Officer, the complainant put up the compound wall taking with in it the Government Puramboku land also. That was objected to by the people as their right of way was obstructed. It is further submitted by the learned counsel that even going by the allegations, it is only stated that a shed was set fire to. The destruction of the boundary by fire may attract only Sec.435 of IPC. It is not stated that the shed was ordinarily used as a place for dwelling or as a place for custody of property.

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Considering all the aspects, the following directions are issued:

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The petitioners shall surrender before the Investigating Officer within 10 days from today. After interrogation the accused shall be produced before the learned Magistrate. When applied for bail by the accused, the learned Magistrate can, considering the nature of the case, grant bail to the petitioners but on the following conditions:

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B.A.No.4407/2012

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: 3 :

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a. The accused shall execute a bond for Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the concerned Court. 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 attested photo copies of the original title deeds of the sureties.

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b. 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.

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c. The accused shall produce their original passports before the learned jurisdictional Magistrate. If they are not having any valid passport, they should file an affidavit regarding the same before the Magistrate.

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B.A.No.4407/2012

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: 4 :

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d. 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.

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e. The accused shall not leave State of Kerala without the prior permission of the learned Magistrate.

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f. The learned Magistrate will also ensure the identity of the sureties by insisting production of electoral photo identity cards/Driving licence etc.

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sd/-

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N.K.BALAKRISHNAN, JUDGE

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das

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// True Copy //

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PA to Judge

Dasan v. State of Kerala

Case brief

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Dasan v. State of Kerala

Case brief

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