Allowed

Ajayakumar G.S v. State of Kerala

Kerala HC8 Feb 2018Bail Appl./533/2018

Case brief

AI extract

What is this about?

The High Court of Kerala allowed the petitioner's anticipatory bail application in a case involving demolition of school facilities. The court granted pre-arrest bail subject to the deposit of ₹50,000 towards government loss and issuance of a fresh bond.

What did the court decide?

Petitioner released on anticipatory bail bond of ₹50,000 with two sureties, upon depositing ₹50,000 in Magistrate's Court within three days.

Ajayakumar G.S Vs State of Kerala — Cheque Dishonour | 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 R. NARAYANA PISHARADI

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THURSDAY, THE 8TH DAY OF FEBRUARY 2018 / 19TH MAGHA, 1939

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Bail Appl..No. 533 of 2018

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(CRIME NO. 109/2018 OF CHADAYAMANAGALAM POLICE STATION , KOLLAM)

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PETITIONER/ACCUSED:

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AJAYAKUMAR G.S., AGED 43 YEARS, S/O GOPALAKRISHNAPILLAI, SAJAYASADANAM, PERINGALLOOR, AYOOR PO, KOLLAM DISTRICT.

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BY ADV.SRI.ANCHAL C.VIJAYAN

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RESPONDENT/COMPLAINANT:

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STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, CHADAYAMANGALAM POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.682 031

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BY SRI.K.B. UDAYA BHANU, PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08-02-2018,

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THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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R. NARAYANA PISHARADI, J

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Bail Application No.533 of 2018

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Dated this the 8^th day of February, 2018

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ORDER

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This is an application for anticipatory bail filed under Section 438 of the Code of Criminal Procedure.

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The petitioner is the accused in the case registered as Crime No.109 of 2018 of Chadayamangalam Police Station under Sections 447 and 427 read with 34 I.P.C. and Section 3(I) of the Prevention of Damages to Public Property Act, 1984. The prosecution case is that on 19.01.2018, at about 19.00 hours, the petitioner and some other persons demolished the toilet and the urine shed in the compound of the Government Jawahar Higher Secondary School at Ayoor and caused a loss of about Rs.3,00,000/- to the Government.

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Heard the learned counsel for the petitioner and the learned Public Prosecutor. Perused the case diary and also the report filed by the investigating officer.

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The allegation against the petitioner is that he demolished the toilet and the urine shed inside the compound of a school. It appears that custodial interrogation of the petitioner is not necessary to have an effective investigation in the case. Though it is stated that the petitioner has got criminal antecedents, the prosecution has no case that he has committed an offence of similar nature on any earlier occasion. The prosecution has no apprehension that on getting bail, the petitioner would abscond and flee from justice. In these circumstances, I find that the

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Bail Application No.533 of 2018

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discretion of the court can be exercised in favour of the petitioner to grant him pre-arrest bail, provided he deposits at least a part of the amount of loss caused to the Government in the Magistrate's Court concerned. Such a direction to make deposit of money is necessary in view of the decision of this court in Satheesh Kumar v. Malabar Devaswom Board (2011(4) KLT 841).

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In the result, the petition is allowed and it is ordered as follows:

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The petitioner shall be released on bail on executing a bond for Rs.50,000/- with two sureties each for the like amount in the event of his arrest by the police in Crime No. 109 of 2018 of Chadayamangalam Police Station.

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The petitioner shall appear before the investigating officer between 9 a.m and 11 a.m on all Saturdays for a period of two months from the date of his release on bail.

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The petitioner shall not influence or intimidate the prosecution witnesses. He shall not make any attempt to tamper with the evidence in the case.

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The petitioner shall not leave the State of Kerala without the prior permission of the Court having jurisdiction over the case.

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The petitioner shall appear before the investigating officer as and when directed in writing to do so.

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The petitioner shall deposit an amount of Rs.50,000/-

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Bail Application No.533 of 2018

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(Rupees Fifty thousand only) in the Magistrate's Court concerned within three days of his release on bail. If he fails to deposit the aforesaid amount within the stipulated time, bail granted to him as per this order shall stand cancelled without any further orders.

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Sd/-

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(R. Narayana Pisharadi, Judge)

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Ajayakumar G.S v. State of Kerala

Case brief

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Ajayakumar G.S v. State of Kerala

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