High Court of Kerala granted bail to petitioners, accused Nos. 9 to 12 in a riot case involving assault and injury. Court noted similar accused were previously granted bail and imposed standard bail conditions.
Bail granted subject to execution of bond for Rs. 40,000 with two sureties and appearance before investigating officer on Wednesdays.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
TUESDAY, THE 12TH DAY OF FEBRUARY 2019 / 23RD MAGHA, 1940
Bail Appl..No. 223 of 2019
CRIME NO. 1004/2018 OF MANANTODDY POLICE STATION, WAYANAD
PETITIONERS/A9-12:
1 VYSHNAV.V.R., AGED 20 YEARS S/O.RAMACHANDRAN, VALALIL HOUSE, VIMALA NAGAR, MANANTHAVADY, WAYANAD DISTRICT, PIN - 670 645.
3 SACHIN BABU, AGED 20 YEARS S/O.BABU, VETTATHARAYIL HOUSE, KAMMANA P.O., MANATHAVADY, WAYANAD DISTRICT, PIN - 670 645.
4 ROSHIN ROY, AGED 20 YEARS S/O.ROY, EDATTU HOUSE, VARAYAL P.O., BOYS TOWN, PIN- 670 644.
BY ADVS. SRI.P.K.VARGHESE SMT.M.B.SHYNI
RESPONDENT/COMPLAINANT:
STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682031.
PP S SAJJU
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12.02.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No. 223 of 2019
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O R D E R
Petitioners stand arrayed as accused Nos.9 to 12 in Crime No.1004/2018 of Manantoddy Police
Station, Wayanad District for offences punishable under Sections 143, 147, 148, 324, 308 read with 149 of IPC. The allegation of the prosecution is that on 11.12.2018 at 12.15 p.m., petitioners attacked the de facto complainant and others inside the college where they were
studying. Crime was registered pursuant to the FI statement given. Apprehending arrest, petitioners seek bail.
2. It seems that the dispute arose in a Cooperative College. Four persons sustained injury. Though very grevious injuries are not seen inflicted, two persons had sustained lacerated injury on the forehead and other parts of the head. The main persons, who are referred to by the witnesses are accused Nos.1 and 2.
Bail Appl..No. 223 of 2019
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Accused Nos.3 to 8 were granted bail by order of this Court in B.A.No.8601/2018. Petitioners herein stand on the same footing as that of the above accused. Hence, I am inclined to grant bail to the petitioners.
Accordingly, the bail application is allowed on the following conditions:
(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.
(ii) They shall appear before the
Investigating officer on all Wednesdays between 9.00 a.m. and 10.00 a.m. for a period of two months from the date of execution of the bond.
(iii) They shall not threaten, coerce or
Bail Appl..No. 223 of 2019
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intimidate the defacto complainant or the witnesses.
(iv) They shall not get involved in any other identical offence and the involvement if any, will be a ground for cancellation of bail.
Sd/-
SUNIL THOMAS, JUDGE
Pn 12/02
2 issues framed by the court
Whether bail should be granted to accused Nos. 9 to 12 in the crime of rioting and assault.
Whether similar accused in related cases should be granted bail on the same footing.
6 provisions across 1 enactments
Vyshnav V R and others
State of Kerala
Sunil Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
