Allowed

A.v.Jayan v. State of Kerala

Kerala HC14 Jan 2013Bail Appl./69/2013

Case brief

AI extract

What is this about?

The High Court of Kerala granted anticipatory bail to 14 petitioners accused of offences under IPC Sections 143, 147, 149, 342, and 353. The petitioners faced charges for holding a dharna protesting wild animal attacks. The court directed surrender by a specified date, appearance for interrogation, and strict non-interference with evidence.

What did the court decide?

Bail allowed subject to surrender, interrogation, reporting every Wednesday, bond of Rs. 10,000 with two solvent sureties, and strict conditions against tampering with evidence.

A.v.Jayan Vs State of Kerala — Bail and Remand | Kerala HC (2013)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR.JUSTICE P.BHAVADASAN

¶4

MONDAY, THE 14TH DAY OF JANUARY 2013/24TH POUSHA 1934

¶5

Bail Appl.No. 69 of 2013 (B)

¶6

(CRIME NO.372/2012 OF KENICHIRA POLICE STATION – WAYANAD DISTRICT

¶7

PETITIONER/ACCUSED NUMBERS 1 TO 4:

¶8

1. A.V.JAYAN, AGED 46 YEARS, S/O.VIJAYAN NAMBIAR, ALAKUNNEL HOUSE, ATHIRATTUKUNNU P.O., BATHERY TALUK.

¶9

2. A.D.PARTHAN, AGED 40 YEARS, S/O.DIVAKARAN, AMBATTU HOUSE, KENICHIRA P.O.

¶10

3. INDIRA, AGED 40 YEARS, W/O.RAJAN, KURUVANTHANATH HOUSE, KENICHIRA.P.O.

¶11

4. SIJI, AGED 32 YEARS, W/O.PAVITHRAN, KAKKUTTUSSERI HOUSE, ATHIRATTUKKUNNU P.O.

¶12

5. SREEJA, AGED 40 YEARS, W/O.SABU, KALLANIKKAL HOUSE, MANALVAYAL P.O.

¶13

6. LATHA, AGED 38 YEARS, W/O.GOPIDASAN, EDAPATTAVAYALVADI HOUSE, POOTHADI P.O.

¶14

7. DEVI, AGED 40 YEARS, W/O.SASI, PALLLIKKUNNEL HOUSE, ATHIRATTUKUNNU P.O.

¶15

8. PUSHPA, AGED 40 YEARS, W/O.SAJEEVAN, KURUVANTHANATH HOUSE, KENICHIRA P.O.

¶16

-2-

¶17

-2-

¶18

Bail Appl.No. 69 of 2013 (B)

¶19

----------------------------

¶20

9. BINDU, AGED 44 YEARS, W/O.LATE BIJU, MUKULEL HOUSE, ATHIRAKUNNU P.O.

¶21

10. THULASI, AGED 42 YEARS, W/O.SHAJI, KATTAMPALIL HOUSE, NADAVAYAL P.O.

¶22

11. CICILY, AGED 40 YEARS, W/O.DOMINIC, AYYAMVELIL HOUSE, KOLERI P.O.

¶23

12. LOOZY, AGED 43 YEARS, W/O.SUNNY, MELETH HOUSE, NADAVAYAL P.O.

¶24

13. SANTHA, AGED 42 YEARS, MOOKUTTIYIL HOUSE, KENICHIRA P.O.

¶25

14. BINDU, AGED 38 YEARS, W/O.SABU, KOTTAVILA HOUSE, ATHIRATTUKUNNU P.O.

¶26

BY ADVS. SRI.M.ASOKAN SRI.DEVAPRASANTH.P.J.

¶27

RESPONDENT/ COMPLAINANT :

¶28

STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING SHO, KENICHIRA POLICE STATION.

¶29

BY PUBLIC PROSECUTOR SMT.LALIZA.T.Y.

¶30

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14-01-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

RKM

P.BHAVADASAN, J.

B.A. No.69 of 2013

Dated this the 14^th day of January, 2013

¶35

ORDER

¶36

The petitioners, who are 14 in number, stand arrayed as accused in Crime No.372/2012 of Kenichira Police Station for having committed the offences punishable under Section 143, 147, 149, 342 and 353 of IPC.

¶37

Allegation against the petitioners is that on 15.12.2012 they assembled together before the Panchayat Office and held 'dharna'. The petitioners would point out that they were protesting against wild animal attack. It was under such circumstances that 'dharna' was held.

¶38

After having heard the learned counsel for the petitioners and the learned Public Prosecutor and after having perused the records, it is felt that this is a fit case where the extraordinary jurisdiction under Section 438 of Cr.P.C. needs to be exercised in favour of the petitioners. The petition is allowed as follows:

¶39

i. The petitioners shall surrender before the Investigating Officer on or before 21.1.2013 who after interrogation shall produce them before the Judicial First Class Magistrate's court concerned, which court on application being moved by the petitioners shall release them on bail on each of them

¶40

B.A.No.69/2013 :2:

¶41

executing a bond for Rs.10,000/- (Rupees Ten thousand only) with two solvent sureties each for the like sum each to the satisfaction of the said court.

¶42

ii. The learned Magistrate shall ensure the identity of the sureties and the veracity of the tax receipts, before granting bail.

¶43

iii. The petitioners shall appear before the Investigating Officer for interrogation as and when required by him and shall report before him on every Wednesday between 9 a.m. and 10 a.m.

¶44

iv. The petitioners shall not tamper or attempt to tamper with the evidence and influence or try to influence the witnesses.

¶45

v. If any of the conditions is violated, the bail granted shall stand cancelled and the JFCM concerned, of being satisfied of the said fact, may take such proceedings as are available to him in law.

¶46

P.BHAVADASAN,

¶47

Judge.

¶48

okb.

A.v.Jayan v. State of Kerala

Case brief

What is this about?

What did the court decide?

A.v.Jayan v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

K.v.Mary Vs State of Kerala

Rajmohan P.M. Vs the Sub Inspector of Police

Hussan Vs State of Kerala

Jayesh Gopinath Vs State of Kerala

A.v.Jayan Vs State of Kerala

Joseph Vs State of Kerala