Allowed

Radhakrishnan Chalakad v. State of Kerala

Kerala HC28 Jul 2016Bail Appl./4676/2016

Case brief

AI extract

What is this about?

The High Court allowed a pre-arrest bail application filed by three accused persons in a case involving affray and criminal force against police personnel. The court noted that the investigation was practically complete and the accused caused no serious injury to the constable. Bail was granted on conditions.

What did the court decide?

Petitioners ordered to be released on bail with two sureties for ₹25,000 each on conditions to report weekly, stay within limits, and not influence witnesses.

Radhakrishnan Chalakad 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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THURSDAY, THE 28TH DAY OF JULY 2016/6TH SRAVANA, 1938

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Bail Appl..No. 4676 of 2016 ()

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CRIME NO. 243/2016 OF BEDAKOM POLICE STATION, KASARGOD DISTRICT

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PETITIONER(S)/ACCUSED 1,2 & 5:

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1. RADHAKRISHNAN CHALAKAD

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AGED 48 YEARS, S/O. VELLUNGAN, ANTHITHIRA, RESIDING AT CHALAKKAD HOUSE, POST KOLATHUR, KASARAGOD DISTRICT.

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2. K.SURESHAN

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AGED 38 YEARS, S/O. K.T.NARAYANAN, THOTTATHIL HOUSE, KALAVAYAL, POST KOLATHUR, KASARAGOD DISTRICT.

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3. K.K.RAMAKRISHNAN

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AGED 38 YEARS, S/O. LATE KUTTYAN, RAMANADUKAM, BIRIKULAM, POST KOLATHUR, KASARAGOD DISTRICT.

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BY ADV. SRI.BIJU .C. ABRAHAM

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RESPONDENT(S)/STATE :

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STATE OF KERALA REPRESENTED BY THE STATION HOUSE OFFICER, BEDAKAM POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.

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BY PUBLIC PROSECUTOR SMT.R. REMA

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28-07-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

P.UBAID, J.

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B.A No.4676 of 2016

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~~~~~~~~~~~

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Dated this the 28^th July, 2016

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O R D E R

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The petitioners herein seek pre arrest bail under Section 438 of the Code of Criminal Procedure on the apprehension of arrest and custodial harassment in connection with Crime No.243 of 2016 of the Bedakam Police Station registered under Sections 143, 147, 341 and 332 read with 149 of the Indian Penal Code. They are the accused Nos.1, 2 and 5 in the crime.

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The person who sustained injuries in the alleged incident is a Police Constable. The said incident happened when some Police Personnel intervened in a law and order situation when some political activists damaged a bus waiting shed constructed by the other political party. This is of course nothing but blind politics.

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On a perusal of the materials, I find that the Police Constable had not sustained any serious injury in the alleged incident. It appears that he fell down in a push and pull that ensued in the said uncontrollable situation, and thus he sustained injuries. It is doubtful whether the

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B.A No.4676 of 2016

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injuries were inflicted by the assailants voluntarily in such a situation.

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This application for pre arrest bail is opposed by the learned Public Prosecutor on the ground that investigation is still in progress, and that if the accused are now released, they will definitely obstruct the investigation.

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On hearing both sides, and on a perusal of

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the materials including the case diary and the report of the Investigating Officer, I find that investigation in this case is practically over, and that the petitioners can be now released on appropriate conditions. The investigating officer has already questioned the material witnesses and has collected the necessary materials for a prosecution. I do not find the necessity of continued detention of the petitioners in custody. However, some reasonable conditions for bail are felt necessary in the particular facts and circumstances.

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In the result, this application for pre arrest bail is allowed. The petitioners are ordered to be released on bail on their executing bond with two solvent sureties for ₹ 25,000/- (Rupees Twenty five thousand only) each to the

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B.A No.4676 of 2016

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satisfaction of the arresting officer or the learned Magistrate having jurisdiction, in case of their arrest in connection with Crime No.243 of 2016 of the Bedakam Police Station. Bail is granted on condition that

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a) The petitioners shall report before

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the investigating officer between 10 am. and 11 am on all Thursdays a period of two months.

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b) The petitioners shall not leave the

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limits of Bedakam Police Station for two months.

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c) The petitioners shall not in any manner influence or intimidate the material witnesses, or they shall not have any contact with the material witnesses directly or over telephone or otherwise.

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Sd/- P.UBAID JUDGE

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/True copy/

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P.S to Judge

Radhakrishnan Chalakad v. State of Kerala

Case brief

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Radhakrishnan Chalakad v. State of Kerala

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