Dismissed

Sundaran v. State of Kerala

Kerala HC1 Feb 2016Bail Appl./8135/2015

Case brief

AI extract

What is this about?

Division Bench disposed of anticipatory bail petitions against five accused persons in a case involving offences under IPC and SC/ST (PA) Act. Court declined bail on day of admission citing decision in Shanu v. State of Kerala. Specific directives issued for surrender, urgent consideration, and notice issuance.

What did the court decide?

Bail application dismissed. Directions given for lower court to consider fresh bail applications urgently if petitioners surrender.

Sundaran Vs State of Kerala — Caste Atrocities | 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 SUNIL THOMAS

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MONDAY, THE 1ST DAY OF FEBRUARY 2016/12TH MAGHA, 1937

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Bail Appl..No. 8135 of 2015 () ------------------------------CRIME NO. 735/2015 OF KONGAD POLICE STATION , PALAKKAD

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PETITIONERS/ACCUSED 1-5: ------------------------

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1. SUNDARAN AGED 38 YEARS S/O.VELAYUDHAN, MANIKASSERI PO, KONGAD PALAKKADU DISTRICT

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2. RAMDAS AGED 27 YEARS S/O.NARAYANANKUTTY, POTTARAYIL VEEDU, MANIKASSERI PO KONGAD, PALAKKADU DISTRICT

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3. SATHEESH AGED 23 YEARS S/O.UNNIKRSHNAN, CHUNDEKAD VEEDU, CHERAYA PO KONGAD, PALAKKADU DISTRICT

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4. SHIJITH AGED 19 YEARS S/O.RAGHAVAN, MUTHANPARA HOUSE, CHERAYA PO KONGAD, PALAKKDADU DISTRICT

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5. RANJITH AGED 19 YEARS S/O.RADHAKRISHNAN, MUTHANPARA HOUSE, CHERAYA PO KONGAD, PALAKKAD DISTRICT

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BY ADVS.SRI.K.S.ARUN KUMAR SMT.RESMI THOMAS

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RESPONDENT/COMPLAINANT:

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

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BY PUBLIC PROSECUTOR: SMT.T.Y.LALIZA

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01-02-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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SUNIL THOMAS, J.

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

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B.A.No.8135 of 2015

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

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Dated this the 1^st day of February, 2016

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ORDER

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Petitioners are accused Nos.1 to 5 in Crime No.735 of 2015 of Kongad Police Station for offences punishable under Sections 143, 147, 148, 341, 323, 324, 294(b), 506(ii) r/w 149 of the Indian Penal Code and Section 3(1)(x) of the SC/ST (PA) Act.

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The allegation of the prosecution is that on 01.11.2015 at about 11 a.m. the accused totalling to about 24 persons formed into an unlawful assembly, wrongfully restrained the de facto complainant using wooden stick and hit on the various parts of the de facto complainant. It is further alleged that other accused fisted and kicked on the body of the de facto complainant. Crime was registered thereupon. As per the CD, all the petitioners except the fourth petitioner are seen in the array of accused. It is not clear as to whether the fourth petitioner is proposed to be arrayed as an accused. It is also not clear whether he is likely to be implicated in the party array at a later stage. Having regard to the fact that the provisions of SC/ST (PA) Act is also sought to be invoked and in the light of the decision in Shanu v. State of

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B.A. 8135 /15

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Kerala (2000(3) KLT 452) , I am not inclined to grant bail to the accused. However, in the event of petitioners surrendering and filing a bail application, the court below shall consider the bail application preferably on the same day itself, having regard to the entire facts and circumstances. With regard to the fourth petitioner, in the event of he being required in connection with the above case, notice under Section 41A of the Cr.P.C shall be issued.

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The anticipatory bail application is disposed of as above.

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Sd/- SUNIL THOMAS Judge

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Sbna/1/2/16

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True Copy

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P A to Judge

Sundaran v. State of Kerala

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Sundaran v. State of Kerala

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