Partly allowed

Manoj v. State of Kerala

Kerala HC19 Feb 2019Bail Appl./663/2019

Case brief

AI extract

What is this about?

In three concurrent bail applications arising from offences relating to the unlawful entry of a woman into Sabarimala involving unlawful assembly and intentional injuries, the court granted bail to most petitioners except those already released or excluded from the investigation, subject to submission of sureties and surrender within ten days.

What did the court decide?

Bail granted to petitioners in applications No.448/2019 and 663/2019 (subject to specific exceptions) on conditions to execute bond, submit sureties, and surrender within 10 days.

Manoj 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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TUESDAY ,THE 19TH DAY OF FEBRUARY 2019 / 30TH MAGHA, 1940

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Bail Appl..No. 385 of 2019

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CRIME NO.12/2019 OF Mannarkkad Police Station , Palakkad

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PETITIONER/ACCUSED:

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JAYAKUMAR.P.M AGED 44 YEARS ADVOCATE, S/O MADHAVAN NAMBOOTHIRIPPAD, PULIASSERY MANA, MANNARGHAT, PALAKKAD.

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BY ADVS. SRI.S.RAJEEV SRI.D.FEROZE SRI.K.K.DHEERENDRAKRISHNAN SRI.V.VINAY

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RESPONDENTS/STATE:

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1 STATE OF KERALA

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REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031 (CRIME NO.12/2019 OF MANNARGHAT POLICE STATION, PALAKKAD DISTRICT)

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2 STATION HOUSE OFFICER MANNARGHAT POLICE STATION, PALAKKAD DISTRICT-678 582 (CRIME NO.12/2019 OF MANNARGHAT POLICE STATION, PALAKKAD DISTRICT).

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BY SENIOR PUBLIC PROSECUTOR SRI. C.K. SURESH

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19.02.2019, ALONG WITH Bail Appl..448/2019, Bail Appl..663/2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No. 385, 448 & 663 of 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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TUESDAY ,THE 19TH DAY OF FEBRUARY 2019 / 30TH MAGHA, 1940

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Bail Appl..No. 448 of 2019

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CRIME NO. 12/2019 OF Mannarkkad Police Station , Palakkad

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PETITIONERS/ACCUSED NO.16 TO 24, 27 TO 33, 35 TO 38, 40 & 41, 44 & 45:

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1 JAYESH, AGED 38 YEARS

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S/O.PRABHAKARAN, THEKKINKATTIL HOUSE, KAITHACHIRA,

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MANNARKKAD, PALAKKAD DISTRICT.

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2 NARAYANAN @ KRISHNASWAMI AGED 50 YEARS S/O.SUBHAYYAN CHETTIYAR, VADAKKEPURAM HOUSE, MANNARKKAD, PALAKKAD DISTRICT.

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3 MURALI KRISHNA AGED 31 YEARS

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S/O.SUNDARAN, DEVI NILAYAM, MANNARKKAD, PALAKKAD DISTRICT.

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4 PRASAD AGED 45 YEARS S/O.CHAMMUNNI, THAZHATHE HOUS, CHERUKULAM, MANNARKKAD, PALAKKAD DISTRICT.

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5 CHANDRAN AGED 48 YEARS

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S/O.NARAYANAN, PUTHOOR HOUSE, ARAYANKODU, MANNARKKAD, PALAKKAD DISTRICT.

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6 SAI KRISHNA AGED 20 YEARS

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S/O.BALAKRISHNAN, PARAY HOUSE, PALLIKKARUPPU, MANNARKKAD, PALAKKAD DISTRICT.

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7 PRASAD AGED 21 YEARS S/O.BALAKRISHNAN, PARAY HOUSE, PALLIKKARUPPU, MANNARKKAD, PALAKKAD DISTRICT.

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Bail Appl..No. 385, 448 & 663 of 2019

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8	VENU AGED 42 YEARS S/O.NARAYANAN NAIR, PADIPURACKAL HOUSE, KOTTOPPADAM, MANNARKKAD, PALAKKAD DISTRICT.
9	JAYARAMAN AGED 35 YEARS S/O.KRISHNAN NAIR, PULLISSERI, MANNARKKAD, PALAKKAD DISTRICT.
10	MANEESH AGED 25 YEARS S/O.MOHANAN, ARAYANKODU, MANNARKKAD, PALAKKAD DISTRICT.
11	DINESH AGED 27 YEARS S/O.RAJAN, PUTHENVEETTIL, ARAYANKODU, MANNARKKAD, PALAKKAD DISTRICT.
12	RAMESH AGED 31 YEARS S/O.PONNU, KUNNAMKUZHIYIL HOUSE, CHIRAPPADAM, THENKARA, MANNARKKAD, PALAKKAD DISTRICT.
13	PRAMESH AGED 36 YEARS S/O.KESAVAN, VENGALATHODI HOUSE, THENKARA, MANNARKKAD, PALAKKAD DISTRICT.
14	SREEDHARAN AGED 50 YEARS S/O.MACHANDI, POOVATHINGAL HOUSE, CHERUNGALAM, MANNARKKAD, PALAKKAD DISTRICT.
15	UNNI AGED 40 YEARS S/O.VASU, KANNAMPURAM, THENKARA, MANNARKKAD, PALAKKAD DISTRICT.
16	VINESH AGED 26 YEARS D/O.VALSALA, CHELEMKARA, MANNARKKAD, PALAKKAD DISTRICT.
17	SUMESH AGED 22 YEARS S/O.SUNDARAN, PUTHANIL HOUSE, MANNARKKAD, PALAKKAD DISTRICT.

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Bail Appl..No. 385, 448 & 663 of 2019

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18 RENJITH AGED 23 YEARS S/O.SIVASANKARAN, PUTHANIL HOUSE, MANNARKKAD, PALAKKAD DISTRICT. 19 GIREESH AGED 28 YEARS S/O.CHAMI, VADAKKEMADATHIL HOUSE, MANNARKKAD, PALAKKAD DISTRICT. 20 SIVADASAN AGED 31 YEARS S/O.CHAMI, VADAKKEMADATHIL HOUSE, MANNARKKAD, PALAKKAD DISTRICT.

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21 VISHNU AGED 24 YEARS S/O.SANTHA, MATTEKKATTIL HOUSE, PUTHUKUDI, PAYYANADAM, MANNARKKAD, PALAKKAD DISTRICT.

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22 RAJEESH AGED 28 YEARS S/O.RAJAGOPALAN, KALAMUNDA HOUSE, PAYYANADAM, MANNARKKAD, PALAKKAD DISTRICT.

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23 ANANDU AGED 20 YEARS S/O.RAMAKRISHNAN, CHAIRATHU VEEDU, PALLIKKARUPPU, MANNARKKAD, PALAKKAD DISTRICT.

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24 SARAVANAN AGED 38 YEARS S/O.MANI, SIVANKUNNU, MANNARKKAD,PALAKKAD DISTRICT.

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BY ADVS. SRI.NIREESH MATHEW SRI.N.P.PRAJEESH

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RESPONDENT/COMPLAINANT: STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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BY SENIOR PUBLIC PROSECUTOR SRI. C.K. SURESH

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19.02.2019, ALONG WITH Bail Appl..663/2019, Bail Appl..385/2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No. 385, 448 & 663 of 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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TUESDAY ,THE 19TH DAY OF FEBRUARY 2019 / 30TH MAGHA, 1940

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Bail Appl..No. 663 of 2019

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CRIME NO. 12/2019 OF Mannarkkad Police Station , Palakkad

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PETITIONERS/ACCUSED 43, 26, 34, 39, 46 AND 47:

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1 MANOJ

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AGED 48 YEARS S/O BHASKARAN, GEETHANJALI, MANNARKKAD, PALAKKAD.

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2 RAVI ADIYATH

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S/O. THANKAN, ADIYATH HOUSE, THRAKALORE, MANNARKKAD, PALAKKAD.

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3 ANEESH A.P. S/O. KAMALAM, ARAKKUPARAMBIL HOSUE, KACHERIPARAMBU, MANNARKKAD, PALAKKAD.

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4 RAVEENDRAN

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S/O KUNJIRAMAN NAIR, VADASSERIKALAM, KUMAEAMPUTHUR, MANNARKKAD, PALAKKAD.

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5 BALAGOPALAN A S/O NARAYANGUPTHAN, ANARKOTIL HOUSE, ARAKURSSI, MANNARKKAD, PALAKKAD.

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6 BABURAJ S/O RAJAN, PUTHANVEETIL, KULAPPADAM, MANNARKKAD, PALAKKAD. BY ADV. SRI.VINOD KUMAR.C

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RESPONDENT/S:

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STATE OF KERALA REPRESENTED BY S.I. OF POLICE, MANNARKKAD POLICE STATION, PALAKKAD DISTRICT THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA.

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BY ADV. ADDL.DIRECTOR GENERAL OF PROSECUTION

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OTHER PRESENT:

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SR.PP C.K SURESH

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19.02.2019, ALONG WITH Bail Appl..448/2019, Bail Appl..385/2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No. 385, 448 & 663 of 2019

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O R D E R

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[ Bail Appl. 385/2019 ,Bail Appl..448/2019 ,Bail Appl..663/2019 ]

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All the above bail applications arise from crime no.12/2019

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of Mannarkkad police station for offences punishable under Sections 143, 147, 148, 353, 332, 307, 324 r/w. Section 34 of IPC.

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The allegation of the prosecution is that as a sequel to the dispute relating to entry of woman in Sabarimala on 3.01.2019 at about 7.30 p.m the accused no.1 to 8 along with other identifiable persons formed into an unlawful assembly and carried out procession. They pelted stones and wooden sticks at the police officers and thereby interfered in the discharge of official duty of the police. Eight police officers sustained injury. Crime was registered and some of the accused were arrested.

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In B.A.No.448/2019 it was reported that the petitioner no.15 & 16 were arrested and granted bail. Hence, the bail application of the above petitioners stands closed.

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It was reported that the petitioner in B.A.No.385/2019

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Bail Appl..No. 385, 448 & 663 of 2019

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was standing in front of his house when the disputes arose. He was not involved in the incidents that happened on that day at that place, it was contended.

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The learned Public Prosecutor on instruction submitted that the investigating agency after conducting thorough examination of the materials have now found that the petitioner in B.A.No. 385/2019 is to be removed from the array of accused. This is recorded and hence B.A.No.385/2019 stands closed.

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Opposing the application, the learned Public Prosecutor submitted that all the petitioners are involved in several cases. He made available the list of cases, in which, most of the accused are involved. It indicates that all the cases are of the year 2018 and presumably they arise from the Sabarimala disputes. Hence, I am inclined to hold that there is nothing to show that the petitioners have definite criminal antecedents.

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In B.A.No.663/2019, it seems that the third petitioner was arrested and released on bail. Hence, the bail application of the third petitioner in B.A.No.663/2019 stands closed. Accordingly, B.A.No.448/2019 and 663/2019 are allowed in part

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Bail Appl..No. 385, 448 & 663 of 2019

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granting bail to all the petitioners in B.A.No.448/2019 and 663/2019, except the petitioner no.15 and 16 in B.A.No.448/2019 and petitioner no.3 in B.A.No.663/2019 on the following conditions:

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(i) Each of the petitioner shall surrender before the investigating officer within ten days from today. After interrogation and identification, 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 ₹40,000/- (Rupees forty thousand only) with two sureties

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for the like sum each to the satisfaction of the jurisdictional Court.

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(ii) They shall not get involved in any other crime.

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

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(iv) They shall appear before the Investigating officer as and when called for.

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(v) Each of the petitioner, who is granted bail by this order shall deposit a sum of Rs.3,000/- (Rupees three thousand

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Bail Appl..No. 385, 448 & 663 of 2019

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only) each, before the magistrate court, within 15 working days from the date of execution of the bond. The ultimate disbursal of this money can be decided by the trial court after the trial.

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B.A.No.385/2019 stands closed.

Sd/-

SUNIL THOMAS

JUDGE

shg

Manoj v. State of Kerala

Case brief

What is this about?

What did the court decide?

Manoj v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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