Allowed

C R Venugopalan v. State of Kerala

Kerala HC29 Jul 2016Bail Appl./5012/2016

Case brief

AI extract

What is this about?

This judgment allowed an anticipatory bail application filed by an accused facing charges of unauthorized possession of government land. The Court emphasized that interrogation could be conducted outside custody by directing the accused to appear before the Investigating Officer. The bail was granted subject to strict conditions restricting movement and tampering with documents.

What did the court decide?

Petitioner released on bail with two sureties for ₹40,000 each, directed to report weekly, and prohibited from leaving limits or tampering with documents.

C R Venugopalan Vs State of Kerala — Land Acquisition | Kerala HC (2016)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR. JUSTICE P.UBAID

¶4

FRIDAY, THE 29TH DAY OF JULY 2016/7TH SRAVANA, 1938

¶5

Bail Appl..No. 5012 of 2016 () -------------------------------

¶6

CRIME NO. 1045/2016 OF PERAMANGALAM POLICE STATION , TRISSUR

¶7

PETITIONER(S):

¶8

C R VENUGOPALAN AGED 66 YEARS, S/O.RAMAN EZHUTHASSAN, CHITTETHUPARAMBIL(H), PUZHAKKAL VILLAGE, THRISSUR.

¶9

BY ADVS.SRI.I.DINESH MENON SRI.L.RAJESH NARAYAN

¶10

RESPONDENT(S):

¶11

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

¶12

BY PUBLIC PROSECUTOR SMT. REMA R.

¶13

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29-07-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶14

¶15

P.UBAID, J.

¶16

- - - - B.A.No. 5012 of 2016

¶17

- - - - Dated this the 29^th day of July, 2016

¶18

ORDER

¶19

The petitioner herein seeks pre-arrest bail under

¶20

Section 438 of the Code of Criminal Procedure on the apprehension of arrest and custodial harassment in connection with Crime No. 1045 of 2016 of the Peramangalam Police Station, registered under Section 7 of the Kerala Land Conservancy Act. The petitioner is the sole accused in the above crime.

¶21

Unauthorized possession of a strip of

¶22

Government land is the subject matter of this crime. It is submitted by the learned counsel that the petitioner has already initiated civil proceedings against the revenue authorities as regards the disputed property.

¶23

This application for pre-arrest bail is opposed

¶24

by the learned Public Prosecutor on the ground that investigation is at the preliminary stage, that custodial

¶25

B.A.No. 5012 of 2016

¶26

-2-

¶27

interrogation of the petitioner is absolutely necessary as part of investigation, and that if the accused is now released, he will definitely obstruct the proper and effective investigation.

¶28

In the nature of the allegations, I feel it not appropriate to deny bail to the petitioner. I find that even without interrogation of the petitioner in custody, the required materials including the revenue records and registers can be well collected by the Investigating Officer as part of investigation. It will suffice that the petitioner is directed to report before the Investigating Officer for interrogation, if felt necessary.

¶29

In the result, this petition for pre-arrest bail is allowed. The petitioner is ordered to be released on bail on his executing a bond with two solvent sureties for 40,000/-₹ (Rupees Fourty Thousand only) each to the satisfaction of the arresting officer or the learned Magistrate having jurisdiction, in case of his arrest in connection with Crime No. 1045 of 2016 of the Peramangalam Police Station. Bail is

¶30

B.A.No. 5012 of 2016

¶31

-3-

¶32

granted on condition that;

¶33

a) The petitioner shall report before the

¶34

Investigating Officer between 10 a.m. and 11 a.m. on all Saturdays for a period of six weeks.

¶35

b) The petitioner shall not leave the

¶36

limits of Peramangalam Police Station for a period of six weeks.

¶37

c) The petitioner shall not in any manner tamper with the registers and documents connected with the crime.

Sd/- P.UBAID

JUDGE

//True copy//

P.A. to Judge

C R Venugopalan v. State of Kerala

Case brief

What is this about?

What did the court decide?

C R Venugopalan v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Murali Menon Vs State of Kerala

K.R.Ranajith Vs State of Kerala

Radhakrishnan Chalakad Vs State of Kerala

Mahesh Vs State of Kerala

M.C. Aboobaker Vs State of Kerala

Shamla Beevi Vs State of Kerala