Allowed

Pranil v. State of Kerala

Kerala HC11 Feb 2019Bail Appl./649/2019

Case brief

AI extract

What is this about?

The Kerala High Court granted bail to an accused charged with offences under Sections 143, 146, 147, 148, 332, 152, and 307 IPC during protests at Guruvayur Temple for pelting stones at police resulting in bodily injuries. Conditions were imposed including executing the bond as well as appearing before investigating officer.

What did the court decide?

Bail granted on bond worth Rs.40,000 with two sureties each, appear before IO on Mondays and Fridays for 3 months, surrender passport, and not intimidate witnesses or commit other crimes.

Pranil 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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MONDAY ,THE 11TH DAY OF FEBRUARY 2019 / 22ND MAGHA, 1940

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Bail Appl..No. 649 of 2019

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AGAINST THE ORDER/JUDGMENT IN CRMC 88/2019 of DISTRICT COURT & SESSIONS COURT,THRISSUR DATED 24-01-2019

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AGAINST THE ORDER/JUDGMENT IN CRMP 131/2019 of JUDICIAL MAGISTRATE OF FIRST CLASS ,CHAVAKKAD DATED 10-01-2019

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CRIME NO. 8/2019 OF Guruvayoor Police Station , Thrissur

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PETITIONER/ACCUSED NO.8:

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PRANIL AGED 36 YEARS S/O. DASAN, THAZHATHEYIL HOUSE, PENGAMUCK DESOM, KATTAKAMBAL VILLAGE, KUNNAMKULAM TALUK, THRISSUR DISTRICT.

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BY ADVS. SRI.SANTHOSH P.PODUVAL SMT.CHITHRA.S.BABU SMT.R.RAJITHA SRI.R.N.SANDEEP

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RESPONDENT/STATE:

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

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OTHER PRESENT:

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SRI.C.N.PRABHAKARAN-(SR.) PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11.02.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No. 649 of 2019

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O R D E R

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The petitioner herein stands arrayed as accused no.8 in crime no.8/2019 of Guruvayur Police Station for offences punishable under sections 143, 146, 147, 148, 332, 152, 307 r/w. 149 IPC.

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The allegation of prosecution is that, the petitioner herein, on 2.01.2019 at 1.45 p.m, led a procession to the west gate of Guruvayur temple and when it reached the police aid post, the petitioner pelted stones at the police. The C.I. sustained injury. The petitioner was arrested and is in custody since that date. He seeks bail.

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It seems that the petitioner along with other accused were protesting against a common issue. The specific allegation is that the petitioner herein pelted stones at the C.I., which injured to him.

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Opposing the application, the learned Public Prosecutor submitted that the specific overt acts are attributed to the petitioner herein. It was contended that the version of the eyewitness supported by the CCTV footages clearly indicate that

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Bail Appl..No. 649 of 2019

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petitioner was the person who pelted stones at the police resulting in bodily injuries. Though the conduct of the petitioner as alleged by the prosecution cannot be appreciated, having considered the duration of his detention and the fact that coaccused were granted bail, though had lesser overt acts, I am inclined to grant bail to the petitioner herein on the following conditions:

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(i) The petitioner shall execute a bond for a sum of 40,000₹ (Rupees forty thousand only) with two sureties for the like sum each to the satisfaction of the jurisdictional Court.

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(ii) He shall appear before the Investigating officer on all Mondays and Fridays between 9.00 a.m. and 10.00 a.m. for a period of three months from the date of execution of the bond.

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(iii) He shall not threaten, coerce or intimidate the defacto complainant or the witnesses.

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(iv) He shall not get involved in any other crime.

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(v) He shall surrender his passport within 7 days from the

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Bail Appl..No. 649 of 2019

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date of release or if he is not in possession of the passport, file an affidavit within seven days before the jurisdictional magistrate. Further directions regarding its release can be done by the jurisdictional court.

Sd/-

SUNIL THOMAS

JUDGE

shg

Pranil v. State of Kerala

Case brief

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Pranil v. State of Kerala

Case brief

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What did the court decide?

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