Disposed

Dr. K.K.Sivadas v. State of Kerala

Kerala HC10 Aug 2016Bail Appl./5315/2016

Case brief

AI extract

What is this about?

In a preventive bail application, the High Court directed the petitioner to surrender for interrogation as the factual matrix requires determination of the source and intent behind allegedly inflammatory messages before deciding regular bail.

What did the court decide?

Petitioner directed to surrender for investigation; further bail application to consider regular bail after Magistrate interrogates.

Dr. K.K.Sivadas 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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WEDNESDAY, THE 10TH DAY OF AUGUST 2016/19TH SRAVANA, 1938

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Bail Appl..No. 5315 of 2016 ()

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------------------------------CRIME NO. 313/2016 OF VELLAMUNDA POLICE STATION,WAYANAD DISTRICT

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APPLICANT/ACCUSED:

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DR. K.K.SIVADAS, AGED 54 YEARS, S/O. LATE THUPRAN, KUNIKOLOTHIL HOUSE, CHETTIPPADI P.O, PARAPPANAGADI, MALAPPURAM DISTRICT.

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BY SRI.P.VIJAYA BHANU,SENIOR ADVOCATE ADVS. SRI.VIPIN NARAYAN SMT.MITHA SUDHINDRAN

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RESPONDENT/COMPLAINANT :

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

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BY PUBLIC PROSECUTOR SMT. LALIZA.T.Y.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10-08-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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sts

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P.UBAID, J.

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--------------------------------------B.A No.5315 of 2016

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Dated this the 10^th day of August, 2016

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O R D E R

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The petitioner herein seeks pre arrest bail under Section 438 of the Code of Criminal Procedure on the apprehension of arrest in connection with Crime No.313/2016 of the Vellamunda Police Station, registered under Section 153A of the Indian Penal Code.

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The prosecution allegation is that the petitioner disseminated some message through his mobile phone with the object of causing communal disharmony, or with the knowledge that such materials may cause communal disharmony. In the nature of the allegations I feel it appropriate to direct the petitioner to surrender before the investigating officer. It is submitted by the learned counsel that the said messages were not created by the petitioner, or that he has nothing to do with the said messages, which he received through mobile phone. If so, the actual source of the messages will have to be detected. The matter will have to be thoroughly examined by the

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B.A No.5315 of 2016 2

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investigating officer, as to who created the said materials, how the petitioner happened to receive the messages through his mobile phone, whether he had disseminated or spread it with any unlawful object, etc. Interrogation of the petitioner for collection of such materials, including detention of the actual source of the alleged objectable messages, is felt necessary. All the factual aspects including the actual source of the materials and also whether the petitioner had any bad intention when he sent it to somebody else, will have to be examined by the learned Magistrate. The petitioner can present all the materials before the learned Magistrate, including the probable source from where he got it. If detention of the petitioner is felt not necessary, he can be released on appropriate conditions.

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In the result, this application for bail is disposed of as follows:

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a) The petitioner will surrender before the

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investigating officer between 9 am and 10 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

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B.A No.5315 of 2016

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investigating officer will produce the petitioner before the learned Magistrate having jurisdiction by 4 pm. on the date of arrest itself.

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c) In case application for regular bail is filed by the petitioner, the same shall be judiciously considered and decided by the learned Magistrate on the

same day.

Sd/P.UBAID JUDGE

//True Copy//

P.A to Judge

Dr. K.K.Sivadas v. State of Kerala

Case brief

What is this about?

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Dr. K.K.Sivadas v. State of Kerala

Case brief

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What did the court decide?

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