Disposed

Ratheesh V.P v. State of Kerala

Kerala HC13 Jun 2016Bail Appl./2960/2016

Case brief

AI extract

What is this about?

This bail application petitioners were accused in a mob assault case involving Sections 143, 147, 148, 149 IPC. The court observed investigation was over and directed petitioners to surrender for interrogation. Upon completion, they must be produced before the Magistrate for bail consideration.

What did the court decide?

Petitioners directed to surrender for interrogation within seven days; thereafter to be produced before Magistrate for bail application.

Ratheesh V.P Vs State of Kerala — Bail and Remand | Kerala HC (2016)

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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 P.UBAID

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MONDAY, THE 13TH DAY OF JUNE 2016/23RD JYAISHTA, 1938

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Bail Appl..No. 2960 of 2016 ()

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CRIME NO. 1207/2015 OF KOIPURAM POLICE STATION, PATHANAMTHITTA DISTRICT

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PETITIONERS/ACCUSED :

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1. RATHEESH V.P., AGED 27 YEARS, S/O.PATHROSE, VALLIPARAMPIL HOUSE, POOVANMALA, PULLUPRAM MURI, RANNY ANGADI VILLAGE, KOZHENCHERY TALUK, PATHANAMTHITTA DISTRICT.

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2. RAJESH V.P.

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AGED 23 YEARS, -DO-

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3. SAMSON @ JINISH

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AGED 30 YEARS, S/O.JOHN SAMUEL, THEKKUMKOOTTATHIL VEEDU,

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PLANKAMAON, VELLIYARA MURI,

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AYIROOR VILLAGE, KOZHENCHERY TALUK, PATHANAMTHITTA DISTRICT.

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4. SINEESH DAVID

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AGED 25 YEARS, S/O.DAVID THOMAS, THULAPOIKAYIL VEEDU, POOVANMALA, PULLUPRAM MURI, RANNY ANGADI VILLAGE, KOZHENCHERY TALUK, PATHANAMTHITTA DISTRICT.

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BY ADV. SRI.K.JAISHANKAR

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RESPONDENT/COMPLAINANT:

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

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2. INSPECTOR OF POLICE OFFICE OF THE INSPECTOR OF POLICE KOZHENCHERY PATHANAMTHITTA DISTRICT.

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R1 & R2 BY PUBLIC PROSECUTOR SMT. R. REMA

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13-06-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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P.UBAID, J.

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

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B.A.No.2960 of 2016

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============================ Dated this the 13^th day of June, 2016

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ORDER

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The petitioners herein are said to be the accused Nos.23 to 25 in Crime No.1207 of 2015 of the Koipuram Police Station, registered under Sections 143, 147, 148, 149, 453, 120(B), 427, 294(b), 323, 324, 506(II) and 153(A) of the Indian Penal Code. The prosecution case is that at about 11.30 p.m. on 28.08.2015 a mob of persons consisting of twenty two identified persons and some thirty identifiable persons assaulted the defacto complainant and his associates as part of a conspiracy hatched by them in connection with some political animosity, and inflicted injuries on their body. The police report shows that the second petitioner herein is not so far arraigned as the accused. Anyway, the police report is that the FIR in this case is registered against twenty two named persons and thirty other identifiable persons. These petitioners are said to be three among the identifiable persons. The police report

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B.A.No.2960 of 2016

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does not show how these petitioners were identified during investigation. It is submitted that the accused Nos.1 to 22 are already on bail, except one who is a juvenile. It is not known how a prosecution is possible in this case under Section 153(A) IPC. It is not known how the alleged act of the accused will cause communal disharmony at the locality. Anyway, I find on a perusal of the police report that investigation is practically over. The alleged incident happened in August, 2015. However, these petitioners will have to surrender before the police for interrogation for the purpose of collecting some materials concerning them. Thereafter, they can be released on appropriate conditions by the learned Magistrate. Hence, this petition is disposed of as follows;

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a) The petitioners will surrender before the investigating officer before 9 am. on any day within seven days from this date for the purpose of interrogation as part of investigation.

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b) After necessary interrogation, the investigating officer will produce the petitioners

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B.A.No.2960 of 2016

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before the learned Magistrate having jurisdiction by 4 pm. on the date of arrest itself.

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c) The learned Magistrate shall release

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the petitioners on bail on appropriate conditions, if application for regular bail is filed.

Sd/P.UBAID, JUDGE

rkj

//TRUE COPY//

P.A. TO JUDGE

Ratheesh V.P v. State of Kerala

Case brief

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Ratheesh V.P v. State of Kerala

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