Allowed

Ganeshan K.K. v. State of Kerala

Kerala HC7 Mar 2014Bail Appl./1519/2014

Case brief

AI extract

What is this about?

In a bail application, the High Court of Kerala held that arrest and detention of the petitioners, accused of affray and voluntarily causing hurt, were not necessary for investigation. The application was allowed with bond conditions.

What did the court decide?

Application allowed; petitioners to be released on bail on executing bond for ₹25,000 each with two sureties for the like sum.

Ganeshan K.K. Vs State of Kerala — Bail and Remand | Kerala HC (2014)

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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 M.L.JOSEPH FRANCIS

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FRIDAY, THE 7TH DAY OF MARCH 2014/16TH PHALGUNA, 1935

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Bail Appl..No. 1519 of 2014 ()

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CRL.M.C.259/2014 of SESSIONS COURT,THRISSUR

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CRIME NO. 155/2014 OF KUNNAMKULAM POLICE STATION , TRISSUR

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APPLICANTS/ACCUSED:

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GANESHAN K.K., AGED 25 YEARS

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S/O.KUTTAPPAN, .KURUPPINATAVALAPPIL HOUSE PERUMBILAVU VILLAGE, DESOM

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ASHIK A.K AGED 24 YEARS

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S/O.KHALID, ANDIPPATTAYIL HOUSE, .PERUMBILAVU VILLAGE DESOM

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K.A AZEES AGED 50 YEARS KARIKKAD VILLAGE

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S/O.ALI, KALIYTH PLAKKAVIL HOUSE, KOTTOL DESOM

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ASHRAF V.A AGED 28 YEARS

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S/O.ABOOBAKKER, VALLASSEREY HOUSE, KARIKKAD P.O KOTTOL DESOM, KARIKKAD VILLAGE

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K.K SURESH AGED 35 YEARS S/O.KUNJUMON, KANIYATH PARAMBIL HOUE KADAVALLUR VILLAGE, DESOM

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K.B JAYAN AGED 33 YEARS S/O.K.V BALAN, KANNADI VALAPPIL HOUSE PERUMBILAVU VILLAGE, DESOM

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BY ADVS.SRI.P.VIJAYA BHANU (SR.) SRI.THOMAS J.ANAKKALLUNKAL

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SRI.VIPIN NARAYAN

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RESPONDENT/COMPLAINANT:

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STATE OF KERALA

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REPRESENTED BY PUBLIC PROSECUTOR

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HIGH COURT OF KERALA, ERNAKULAM

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R BY PUBLIC PROSECUTOR SRI.SHIBU JOSEPH.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07-03-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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M.L.JOSEPH FRANCIS, J.

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Bail Application No.1519 of 2014

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Dated 7^th March, 2014

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O R D E R

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The petitioners are arrayed as accused in Crime No.155 of 2014 of Kunnamkulam Police Station. The offences alleged against the petitioners and other accused are under Sections 143, 147, 148, 323, 324, 325 and 308 read with Section 149 of the Indian Penal Code.

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The prosecution allegation is that on 16.1.2014 at

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about 20.30 hrs., the accused, who are workers of CPI(M) formed themselves into an unlawful assembly and armed with weapons, due to previous political animosity, attacked the defacto complainant resulting in injuries to him. It is, therefore, alleged that the accused had committed the aforesaid offences. 3. The learned Public Prosecutor opposes the anticipatory bail application.

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The learned counsel for the petitioners submitted that the petitioners were conducting a Dharna as part of protest against the price hike of LPG. While so, the defacto complainant, who is an activist of SDPI along with others

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B.A.No.1519/14

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attempted to create problems, which was resisted by some persons. Thus, the Police registered the present crime and a counter version to it as Crime No.157/2014, in which the petitioners are figured as victims.

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Considering the facts and circumstances of the case, I am of the view that arrest and detention of the petitioners is not necessary for the purpose of investigation.

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Hence, the Bail Application is allowed. It is hereby

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directed that in the event of arrest of the petitioners in connection with the above case, they shall be released on bail on executing bond for 25,000/- each with two sureties each for the like sum to the satisfaction of the officer effecting arrest. The petitioners are directed to appear before the Investigating Officer as and when required. It is made clear that if the petitioners surrender before the Judicial First Class Magistrate having jurisdiction within 30 days from today, they shall be released on bail on executing bond for 25,000/- each with two sureties each for the like sum to the satisfaction of the Judicial First Class Magistrate. In that case also, the petitioners are

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B.A.No.1519/14

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directed to appear before the Investigating Officer as and when required.

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Sd/-

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M.L.JOSEPH FRANCIS, JUDGE.

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tgs

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(true copy)

Ganeshan K.K. v. State of Kerala

Case brief

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Ganeshan K.K. v. State of Kerala

Case brief

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