Allowed

Febin Lal R.K v. the Sub Inspector of Police

Kerala HC4 Apr 2017Bail Appl./1823/2017

Case brief

AI extract

What is this about?

The High Court of Kerala allowed the bail application of six accused persons charged with unlawful assembly and related offences. The court directed their release on bail subject to bond, attendance, and surety conditions without requiring immediate investigation detention.

What did the court decide?

Petitioners released on bail after interrogation on executing a bond for Rs.25,000 each with two solvent sureties.

Febin Lal R.K Vs the Sub Inspector of Police — Bail and Remand | Kerala HC (2017)

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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 K.ABRAHAM MATHEW

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TUESDAY, THE 4TH DAY OF APRIL 2017/14TH CHAITHRA, 1939

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Bail Appl..No. 1823 of 2017

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CRIME NO. 204/2017 OF BALUSSERY POLICE STATION, KOZHIKODE DISTRICT

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PETITIONER(S)/ACCUSED 1 TO 6 :

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1. FEBIN LAL R.K.,

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AGED 25 YEARS, S/O.MOHANAN, SATYAPURI HOUSE, CHERUKAD P.O., KOYILANDY TALUK, KOZHIKODE DISTRICT.

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2. SARUN T.,

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AGED 28 YEARS, S/O.NARAYANAN, THAROL HOUSE, POONATH P.O., KOYILANDY TALUK, KOZHIKODE DISTRICT.

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3. SUNIL P.,

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AGED 42 YEARS, S/O.RAGHAVAN NAIR, PARAKKAL HOUSE, POONATH P.O., KOYILANDY TALUK, KOZHIKODE DISTRICT.

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4. MANI K.K.,

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AGED 37 YEARS, S/O.SREEDHARAN, KURUVAMMAL HOUSE, P.O.AVIDANALLUR, KOYILANDY TALUK, KOZHIKODE DISTRICT.

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5. RAJAN,

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AGED 43 YEARS, S/O.VELLAN, CHEENIKKAL HOUSE, POONATH P.O., KOYILANDY TALUK, KOZHIKODE DISTRICT.

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6. BIJU,

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AGED 38 YEARS, S/O.AYYAPPAN, PULIKKAL POYIL HOUSE, POONATH P.O., KOYILANDY TALUK, KOZHIKODE DISTRICT.

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BY ADV. SRI.SUNNY MATHEW

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RESPONDENT(S)/COMPLAINANTS & STATE :

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1. THE SUB INSPECTOR OF POLICE, BALUSSERY POLICE STATION, KOZHIKODE DISTRICT-673 000.

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2. STATE OF KERALA, (RESPONDENTS 1 AND 2 REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN-682 031).

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BY PUBLIC PROSECUTOR SRI. AJITH MURALI

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04-04-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Msd.

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K.ABRAHAM MATHEW, J.

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B.A.No.1823 of 2017

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Dated this the 4^th day of April, 2017

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ORDER

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Petition filed under Section 438 Cr.P.C.

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Petitioners are accused Nos.1 to 6 in Crime No.204 of 2017 of Balussery Police Station registered for the offences under Sections 143, 145, 147, 148, 283, 332, 294(b), 353 and 506 r/w Section 149 of the Indian Penal Code and Section 3(2)(3) of PDPP Act.

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The prosecution case is that the petitioners formed themselves into an unlawful assembly, uttered obscene words, intimidated and assaulted the police, who were at the place of occurrence to maintain law and order and in the incident a home guard and another police officer sustained injuries. Further they caused damage to the police vehicle.

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The learned counsel submits that the allegations are false.

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Heard the learned counsel for the petitioners and the learned Public Prosecutor.

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6. Prima facie , the petitioners are involved in the incident. A home guard and an Assistant Sub Inspector of Police sustained

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B.A.No.1823 of 2017

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injuries. The home guard told the doctor that he sustained injuries when a stone hit him. The learned counsel submits that

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the petitioners along with some others were taking out a procession when the incident happened. It appears that detention

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of the petitioners is not necessary for the purpose of investigation.

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In the result, this application is allowed.

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i. The petitioners shall be released on bail after interrogation on their executing a bond for Rs.25,000/- (Rupees twenty five thousand only) each with two solvent sureties each for the like sum if they are arrested by the Investigating Officer in connection with this case.

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ii. They shall appear before the Investigating Officer every alternate days between 4 p.m. and 5 p.m. for two weeks or till the final report is filed, whichever is earlier.

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iii. They shall surrender their passports before the lower court concerned or if they do not have one they shall file an affidavit to that effect within five days of their release.

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B.A.No.1823 of 2017

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iv. They shall not get themselves involved in any other

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criminal case while they are on bail.

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v. They shall not intimidate or attempt to influence the

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witnesses.

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vi. They shall not destroy or tamper with evidence.

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vii. The petitioners shall deposit Rs.500/- (Rupees five

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hundred only) each in the trial court within five days from today.

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In case of violation of any of the above conditions, the

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learned Magistrate is empowered to cancel the bail in accordance with the law.

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Sd/-

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K.ABRAHAM MATHEW, JUDGE

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/True copy/

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P.A. to Judge

Febin Lal R.K v. the Sub Inspector of Police

Case brief

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Febin Lal R.K v. the Sub Inspector of Police

Case brief

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