Allowed

Santhosh Krishnan v. State of Kerala

Kerala HC20 Mar 2019Bail Appl./963/2019

Case brief

AI extract

What is this about?

The Kerala High Court allowed an application for anticipatory bail under Section 438 Cr.P.C. filed by the 8th accused in a case involving an agitation at Sabarimala Temple. The Court held that custodial interrogation was not necessary and directed the release of the petitioner upon execution of bail bond and sureties.

What did the court decide?

Petitioner released on bail under Section 438 Cr.P.C. upon execution of bond for Rs. 40,000 with two sureties, subject to conditions including advance deposit and reporting.

Santhosh Krishnan Vs State of Kerala — Bail and Remand | Kerala HC (2019)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR

¶4

WEDNESDAY,THE 20TH DAY OF MARCH 2019 / 29TH PHALGUNA, 1940

¶5

Bail Appl..No. 963 of 2019

¶6

AGAINST THE ORDER/JUDGMENT IN CRMC 55/2019 of DISTRICT COURT & SESSIONS COURT,KOLLAM DATED 01-02-2019

¶7

CRIME NO. 6/2019 OF Kottiyam Police Station , Kollam

¶8

PETITIONER/S/ACCUSED NO.8:

¶9

SANTHOSH KRISHNAN AGED 42 YEARS, S/O.KRISHNA PILLAI, MANGATTUVILA COLONY, GEETHA BHAVAN, PULICHIRA, MAYYANAD, KOLLAM

¶10

BY ADV. SRI.VIPIN NARAYAN

¶11

RESPONDENT/S/COMPLAINANT:

¶12

STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.

¶13

BY PUBLIC PROSECUTOR SRI.S.SAJJU

¶14

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20.03.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶15

Bail Appl..No. 963 of 2019

¶16

¶17

O R D E R

¶18

The petitioner is the 8^th accused in Crime No.6 of 2019 of Kottiyam Police Station, registered for the offences punishable under Sections 143, 147, 148, 283, 333 and 307 read with Section 149 IPC and Section 3 (2)(e) of Prevention of Damage to Public Property Act.

¶19

The petitioner has filed this application under Section 438 Cr.P.C.

¶20

Heard.

¶21

The incident in this case was on 02.01.2019 at about 8.20 p.m., in connection with the issue relating to the entry of women of a particular age group to Sabarimala Temple. Altogether, more than 50

¶22

¶23

Bail Appl..No. 963 of 2019

¶24

persons took part in the agitation. In the agitation, damage was caused to the KSRTC bus to the tune of Rs.2,00,900/- (Rupees Two Lakh Nine Hundred Only) . Considering the facts and circumstances of the case, I am of the view that the custodial interrogation of the petitioner is not necessary in this case. In the said circumstances, an order under Section 438 Cr.P.C. in favour of the petitioner will be justified in this case.

¶25

In the result, this application stands allowed and the respondent is directed to release the petitioner on bail in the event of his arrest in Crime No.6 of 2019 of Kottiyam Police Station, on condition of the petitioner executing a bond for Rs.40,000/- (Rupees Forty Thousand Only) with two solvent sureties, each for the like sum to the satisfaction of the Station House Officer, Kottiyam Police

¶26

¶27

Bail Appl..No. 963 of 2019

¶28

Station, before whom the petitioner shall surrender within ten days, if not arrested in the meantime, and subject to the following further conditions:

¶29

(i) The petitioner shall deposit an amount of

¶30

Rs.7,500/- (Rupees Seven Thousand Five

¶31

Hundred Only) simultaneously at the time of executing the bond.

¶32

(ii) The petitioner shall report before the

¶33

Investigating Officer as and when required by the Investigating Officer for interrogation.

¶34

(iii) The petitioner shall not intimidate or influence the witnesses or in any way tamper with the investigation.

¶35

Bail Appl..No. 963 of 2019

¶36

¶37

(iv) The petitioner shall not get involved in

¶38

any other offence during the pendency of this

¶39

case.

¶40

Needless to state that if the petitioner deposits the

¶41

amount before the Investigating Officer as directed above, the Investigating Officer shall produce the said amount before the Jurisdictional Magistrate on the

¶42

same day.

¶43

SD/-

¶44

B.SUDHEENDRA KUMAR

JUDGE

RK/21.03.2019

//TRUE COPY//

PA TO JUDGE

Santhosh Krishnan v. State of Kerala

Case brief

What is this about?

What did the court decide?

Santhosh Krishnan v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Vijeesh Vs State of Kerala

Vijeesh Vs State of Kerala

Vijeesh Vs State of Kerala

Ansaf E.S., Vs State of Kerala

Abdurahiman Vs State of Kerala

Rathish U Vs State of Kerala