Allowed

Shailendranath v. the Sub Inspector of Police,Enathu

Kerala HC28 Nov 2018Bail Appl./4744/2018

Case brief

AI extract

What is this about?

The High Court of Kerala granted anticipatory bail to three accused persons charged under Sections 447, 427, 379 read with 34 of IPC for trespass and wrongful removal of soil. The court allowed bail due to pending civil disputes over property ownership and the lack of necessity for custodial interrogation.

What did the court decide?

Anticipatory bail granted on conditions to appear for interrogation within 10 days and execute a bond for Rs. 40,000 with two sureties.

Shailendranath Vs the Sub Inspector of Police,Enathu — Property and Title | Kerala HC (2018)

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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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WEDNESDAY,THE 28TH DAY OF NOVEMBER 2018 / 7TH AGRAHAYANA, 1940

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Bail Appl..No. 4744 of 2018

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CRIME NO. 882/2018 OF ENATHU POLICE STATION, PATHANAMTHITTA

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PETITIONERS/ACCUSED:

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1 SHAILENDRANATH

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AGED 40 YEARS, S/O. JANARDHANAN PILLAI, KOODATHIL HOUSE, VAYALA P.O., ADOOR VADAKKADUTHU KAVU, PATHANAMTHITTA DISTRICT.

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2 RESHMA RAJ

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AGED 32 YEARS, W/O. SHAILENDRANATH, KOODATHIL HOUSE, VAYALA P.O., ADOOR VADAKKADUTHU KAVU, PATHANAMTHITTA DISTRICT.

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3 RAMANI AMMA AGED 55 YEARS, D/O. BHAVANIAMMA, MANAKKALAYIL VEEDU, KOODATHIL HOUSE, VAYALA P.O., ADOOR VADAKKADUTHU KAVU, PATHANAMTHITTA DISTRICT.

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BY ADVS.

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SRI.V.SETHUNATH SRI.V.R.MANORANJAN (MUVATTUPUZHA)

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RESPONDENT/COMPLAINANT/STATE:

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1 THE SUB INSPECTOR OF POLICE, ENATHU POLICE STATION, PATHANAMTHITTA P.O., PATHANAMTHITTA DIST., PIN - 691 526.

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2 STATE OF KERALA

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REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI, PIN - 682 031.

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PP AJITH MURALI

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28.11.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No. 4744 of 2018

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O R D E R

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Petitioners are accused in Crime No.882/2018 of Enathu Police Station for offences punishable under Sections 447, 427, 379 read with 34 of IPC. The prosecution allegation is that the petitioners trespassed into the property of the de facto complainant comprised in Sy.No.283/6,11&12 and wrongfully removed 75 loads of gravel and soil with a JCB sometime during March 2018. Alleging that the petitioner lost 3,00,000/-, complaint₹ was laid and crime was registered. Investigation is progressing. Petitioners apprehending arrest, seek bail.

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2. According to the petitioners, the

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property belonged jointly to the family of the petitioners and the de facto complainant. A civil

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suit was filed by the 2^nd petitioner and Annexure 3 injunction order was obtained. It was contended

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that since the ownership and right over the

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Bail Appl..No. 4744 of 2018

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property is still under dispute, a criminal proceeding on the basis of an alleged removal of soil is not legally sustainable. Evidently, disputes are pending in relation to the immovable property. The nature of allegations do not call for a custodial interrogation. Hence, I am inclined to grant the benefit of pre-arrest bail to the petitioners.

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Hence, the anticipatory bail application is allowed on the following conditions:

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(i) Petitioners shall appear before the Investigating Officer within 10 days from today and shall undergo interrogation. Thereafter, if they are proposed to be arrested, they shall be released on bail on each of the petitioner executing a bond for a sum of 40,000/- (Rupees₹ forty thousand only) with two sureties for the like sum each.

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(ii) They shall not threaten, coerce or

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Bail Appl..No. 4744 of 2018

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intimidate the defacto complainant or the witnesses.

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(iii) They shall appear before the Investigating Officer as and when called for and co-operate with the investigation.

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(iv) They shall not get involved in any other identical offence and the involvement if any, will be a ground for cancellation of bail.

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Sd/-

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SUNIL THOMAS, JUDGE

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Pn 28/11

Shailendranath v. the Sub Inspector of Police,Enathu

Case brief

What is this about?

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Shailendranath v. the Sub Inspector of Police,Enathu

Case brief

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