Partly allowed

Sajeevan P.P v. State of Kerala

Kerala HC4 Jun 2014Bail Appl./2836/2014

Case brief

AI extract

What is this about?

This court disposed of a bail application filed by four accused persons. The bail application for the first two petitioners was marked infructuous. Bail for the fourth petitioner was rejected. Pre-arrest bail in favor of the third petitioner was granted subject to specific conditions.

What did the court decide?

Bail granted to the 3rd petitioner upon surrender, execution of bond, and adherence to specified conditions.

Sajeevan P.P 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 THOMAS P.JOSEPH

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WEDNESDAY, THE 4TH DAY OF JUNE 2014/14TH JYAISHTA, 1936

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BAIL APPL..NO. 2836 OF 2014 ()

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CRIME NO. 389/2014 OF PAYYANNUR POLICE STATION , KANNUR

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PETITIONER(S)/PETITIONERS/ACCUSED:

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1. SAJEEVAN P.P AGED 32 YEARS S/O K.KUNHIRAMAN, KUNNARU PO. KARANTHAD VIA. RAMANTHALI KANNUR DISTRICT, PIN:670 308.

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2. SANOOP K. AGED 26 YEARS S/O SATHYAN, KUNNARU PO. KARANTHAD VIA. RAMANTHALI KANNUR DISTRICT, PIN:670 308.

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3. PRAVEEN K. AGED 25 YEARS S/O PADMANABHAN, MAYI VEEDU, KUNNARU PO. KARANTHAD VIA. RAMANTHALI KANNUR DISTRICT, PIN:670 308.

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4. DHANARAJ C.V. AGED 36 YEARS S/O BALAKRISHNAN, KUNNARU PO. KARANTHAD VIA. RAMANTHALI KANNUR DISTRICT, PIN:670 308.

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BY ADV. SRI.M.V.AMARESAN

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RESPONDENT(S)/RESPONDENT/COMPLAINANT:

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STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM, PIN:682031.

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BY PUBLIC PROSECUTOR SHRI V.S. SREEJITH

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04.06.2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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THOMAS P.JOSEPH, J.

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

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B.A. No.2836 of 2014

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

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Dated this the 04^th day of June, 2014

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O R D E R

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Petitioners are accused in Crime No.389 of 2014 of the Payyannur Police Station for the offences punishable under Sections 143, 147, 148, 452, 323 and 427 read with Sec.34 of the Indian Penal Code, apprehend arrest and have filed this application.

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Learned Public Prosecutor has opposed the application. It is submitted that on account of political rivalry on 10.04.2014 at 1.30 a.m the petitioners and others trespassed into the house of the de facto complainant, assaulted him with hand and destroyed the window glass, panels, etc., causing loss of Rs.50,000/-. It is also submitted that the 4^th petitioner-4^th accused is involved in six other cases.

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Learned counsel submitted that the 1^st petitioner surrendered, was arrested and released on bail. The 2^nd petitioner was also released on bail.

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So far petitioners 3 and 4 are concerned, learned counsel submitted that the allegations are not true and they are

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B.A. No. 2836 of 2014

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not involved in the incident. According to the learned counsel though the incident occurred on 10.04.2014 at 1.30 a.m, the first information statement regarding the alleged incident was given only on the next day at 3.30 p.m.

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I have gone through the CD file. I find that window glass, panels, etc., of the house of the de facto complainant were damaged. The 4^th petitioner is involved in other cases including for the offence under Sec.452 of the IPC. Hence request for prearrest bail made by the 4^th petitioner-4^th accused cannot be allowed. But I am inclined to grant relief to the 3^rd petitioner-3^rd accused but subject to conditions:

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Application is disposed of as under:

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(i) Application to the extent it concerned petitioners 1 and 2 have become infructuous.

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(ii) Request for pre-arrest bail made by the 4^th petitioner4^th accused is rejected. It is open to the 4^th petitioner to approach the court concerned or surrender the Officer investigating the case.

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(iii) The 3^rd petitioner/3^rd accused shall surrender before the the Officer Investigating Crime No.389 of 2014 of the Payyannur Police Station on 11.06.2014 at 10.00 a.m for

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B.A. No. 2836 of 2014

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interrogation.

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(iv) If interrogation of the 3^rd petitioner is not completed that day, he shall appear before the officer investigating the case on the day/days and time as directed by him which the 3^rd petitioner shall comply.

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(v) In case arrest of the 3^rd petitioner is recorded, he shall be produced before the jurisdictional magistrate the same day.

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(vi) On such production, the 3^rd petitioner shall be released (if not required to be detained otherwise) on his executing bond for Rs.15,000/- (Rupees Fifteen thousand only) with two sureties for the like sum each to the satisfaction of the learned magistrate and subject to the following conditions:

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(a) One of the sureties shall be a close relative of the 3^rd petitioner.

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(b) The 3^rd Petitioner shall deposit Rs.5,000/(Rupees Five thousand only) in a Nationalized Bank of his choice initially for a period of two years (renewable as per order of the learned magistrate) and produce the Fixed Deposit Receipt before the learned magistrate while executing the bail bond. In case the case is decided against the 3^rd petitioner and he is

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B.A. No. 2836 of 2014

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made liable to pay compensation, such compensation to the extent possible could be realized from the amount in deposit.

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(c) The 3^rd petitioner shall report to the officer investigating the case ion on every alternate Saturday between 10.00 a.m and 12.00 p.m for a period of two months or until final report is filed, whichever is earlier.

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(d) The 3^rd petitioner shall report to the officer investigating the case as and when required for interrogation.

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(e) The 3^rd petitioner shall not get involved in any offence during the period of this bail.

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(f) The 3^rd petitioner shall not intimidate or influence the

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witnesses.

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(vii) In case the 3^rd petitioner violates any of conditions (c) to (f), it is open to the investigating Officer to move the learned magistrate for cancellation of the bail as held in P.K.Shaji v. State of Kerala (AIR 2006 SC 100).

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THOMAS P. JOSEPH, JUDGE.

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vsv

Sajeevan P.P v. State of Kerala

Case brief

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Sajeevan P.P v. State of Kerala

Case brief

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