The Kerala High Court granted anticipatory bail to the 3rd accused in a case involving the cutting of railway trees under the Rail Property (Unlawful Possession) Act 1966, imposing conditions to appear for interrogation and execute a bond.
Petitioner granted bail on a bond of Rs. 50,000 with two sureties, to appear for interrogation within 10 days.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
MONDAY, THE 22ND DAY OF FEBRUARY 2016/3RD PHALGUNA, 1937
Bail Appl..No. 223 of 2016
CRIME NO.4/2015 OF RAILWAY PROTECTION FORCE, SHORNUR, PALAKKAD DISTRICT
PETITIONER(S)/ACCUSED NO.3 :
K.R.MOHANDAS, AGED 56 YEARS, S/O.K.G.RAMAKRISHNA PANICKER, GEETHANJALI, POTHUVAL JUNCTION, SHORNUR.
BY ADVS.SRI.S.RAJEEV SRI.K.K.DHEERENDRA KRISHNAN SRI.V.VINAY
RESPONDENT(S) & STATE :
STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031, (CRIME NO. 4/2015 OF RAILWAY PROTECTION FORCE SHORNUR, PALAKKAD DISTRICT).
BY PUBLIC PROSECUTOR SMT.T.Y.LALIZA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22-02-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Msd.
SUNIL THOMAS, J.
B. A. No. 223 of 2016
Dated this the 22nd day of February, 2016
O R D E R
The petitioner is the 3rd accused in Crime No.4/2015 of Railway Protection Force, Shornur for offences punishable under Section 3(a) of the Rail Property (Unlawful Possession) Act 1966.
B. A. No. 223 of 2016
2
overhanging branches, he had engaged casual workers, who are accused No.1 and 2, to cut and remove the branches. It is alleged that they have exceeded their authority and cut the trees.
Having regard to these facts, I feel that custodial interrogation of the petitioner may not be essential and bail can be granted to the petitioner, on the following conditions:
(i) The petitioner shall appear before the Investigation Officer within 10 days from today and shall undergo interrogation. Thereafter if he is proposed to be arrested, he shall be released on bail, on he executing a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two sureties for the like sum each.
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(ii) He shall appear before the Investigation Officer as and when called for and co-operate with the investigation.
(iii) He shall not get involved in any other identical offences.
Sd/-
SUNIL THOMAS, JUDGE.
/true copy/
P. A. to Judge
Pn
2 issues framed by the court
Whether anticipatory bail can be granted to the accused given the facts of the case.
Whether custodial interrogation is essential in the present circumstances.
1 provisions across 1 enactments
K.R.MOHANDAS
STATE OF KERALA
SUNIL THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
