Allowed

G.Udayakumar v. State of Kerala

Kerala HC7 Feb 2019Bail Appl./200/2019

Case brief

AI extract

What is this about?

The High Court of Kerala granted anticipatory bail to two petitioners accused of offences under various IPC sections and the PDPP Act. The court held that custodial interrogation was not warranted due to a lack of injuries, subjecting petitioners to standard bail conditions.

What did the court decide?

Anticipatory bail granted on conditions including appearance for interrogation, execution of bond for Rs.30,000 with two sureties, and depositing Rs.3,000.

G.Udayakumar Vs State of Kerala — Bail and Remand | Kerala HC (2019)

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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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THURSDAY ,THE 07TH DAY OF FEBRUARY 2019 / 18TH MAGHA, 1940

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Bail Appl.No.200 of 2019

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CRIME NO. 9/2019 OF SAKTHIKULANGARA POLICE STATION, KOLLAM

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PETITIONER/3RD ACCUSED:

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G.UDAYAKUMAR AGED 57 YEARS S/O. GOPALAKRISHNA PILLAI, AYODHYA, KANNIMELCHERRY, MARUTHADI P.O, KOLLAM.

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BY ADV.SRI.C.UNNIKRISHNAN

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RESPONDENTS/STATE:

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1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM – 31.

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2 THE STATION HOUSE OFFICER, SAKTHIKULANGARA POLICE STATION, KOLLAM DISTRICT - 691 581.

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SHRI.C.K SURESH, SENIOR PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07.02.2019, ALONG WITH Bail Appl..193/2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl. 200/2019 ,Bail Appl..193/2019

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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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THURSDAY ,THE 07TH DAY OF FEBRUARY 2019 / 18TH MAGHA, 1940

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Bail Appl.No.193 of 2019

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CRIME NO.9/2019 OF SAKTHIKULANGARA POLICE STATION, KOLLAM

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PETITIONER/9TH ACCUSED:

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N.JAYAKUMAR @ JAYAN SAGARA, AGED 48 YEARS S/O. NARAYANA PILLAI, PUTHUVEETTIL KIZHAKKATHIL SAGARA, KANNIMEICHERRY, MARUTHADI, KOLLAM – 691 003

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BY ADV. SRI.C.UNNIKRISHNAN

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RESPONDENTS/STATE:

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

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2 THE STATION HOUSE OFFICER, SAKTHIKULANGARA POLICE STATION, KOLLAM DISTRICT-691 581

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SHRI.C.K SURESH, SENIOR PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07.02.2019, ALONG WITH Bail Appl.200/2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl. 200/2019 ,Bail Appl..193/2019

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O R D E R

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The petitioners apprehend arrest in Crime No.9/2019 of
Sakthikulangara Police Station, for offences punishable
under Sections 143, 147, 149, 294(b), 353, 341 & 506 of
Indian Penal Code r/w Section 3(2)(e) of PDPP Act, 1944.

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2.The allegation of the prosecution is that in
connection with the Sabarimala issue, on 02.01.2019 at
13.05 p.m., the petitioners along with about 50 identifiable
persons conducted a procession. In the meanwhile, police
constable, who was recording the procession, was hit on the
body and his mobile got damaged. Alleging that it resulted
in a loss of Rs.8,000/-, crime was registered and the
petitioners apprehending arrest, seek bail.

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3.The learned Public Prosecutor clarified that the

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petitioners now stand re-arrayed as accused Nos.13 and 6
respectively.

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4. Injuries are not seen inflicted. Petitioners have no

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Bail Appl. 200/2019 ,Bail Appl..193/2019

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definite criminal antecedents. Hence, I do not feel that a
custodial interrogation is warranted. Hence, I am inclined to
grant the benefit of bail on the following conditions:

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(i) Petitioners shall appear before the investigation officer
within ten days from today and shall undergo
interrogation. After interrogation, identification and
recovery, if any, 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 Rs.30,000/- (Rupees thirty
thousand only) with two sureties for the like sum each.

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(ii) Each of the petitioner shall deposit a sum of Rs.3,000/-
within 15 working days from the date of execution of
bond. The disbursal of the above amount can be
determined by the Jurisdictional Magistrate at the time of
trial.

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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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Bail Appl. 200/2019 ,Bail Appl..193/2019

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(iv)They shall not get involved in any other identical

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offence and the involvement if any, will be a ground for
cancellation of bail.

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Anticipatory bail application is allowed as above.

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 Sd/-

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SUNIL THOMAS

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 JUDGE

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G.Udayakumar v. State of Kerala

Case brief

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What did the court decide?

G.Udayakumar v. State of Kerala

Case brief

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