The High Court of Kerala granted anticipatory bail to the petitioner, the third accused, in a case involving arson and public nuisance. The court directed surrender within two weeks and specified bail conditions regarding sureties and conduct.
Anticipatory bail allowed; surrender directed within two weeks on bond of Rs.50,000 with two sureties of like amount.
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 ASHOK MENON
THURSDAY, THE 16TH DAY OF JULY 2020 / 25TH ASHADHA, 1942
Bail Appl..No.3628 OF 2020
*** CRIME NO.1509/2020 OF KADAKKAL POLICE STATION , KOLLAM**
PETITIONER/3RD ACCUSED:
MURUKAN, AGED 46 YEARS, S/O SADANANDAN, AKHIL BHAVAN, THALAVARAMBU, MANKOD VILLAGE, KOLLAM DISTRICT-691591. BY ADV. C.R.SIVAKUMAR
RESPONDENT/COMPLAINANT:
THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
OTHER PRESENT:
SRI.C.N.PRABHAKARAN – SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16.07.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
*** The Crime Number “1509/2020” occurring in the Headnote of the order dated 16/7/20 in BA 3628/2020 is corrected and substituted as “Crime Number 1509/2018 of Kadakkal Police Station, Kollam” as per order dated 20/8/2020 in Crl MA 2/2020 in BA 3628/2020.**
Sd/-
ASSISTANT REGISTRAR
B.A.No.3628 OF 2020
2
ORDER
Dated this the 16th day of July, 2020
APPLICATION FOR ANTICIPATORY BAIL
The petitioner is the 3rd accused in Crime No.1509 of 2020 of Kadakkal Police Station, Kollam, for having allegedly committed offences punishable under Sections 436, 294(b) and 34 of the IPC. The prosecution case in brief is that the petitioner along with two other accused, in furtherance of common intention, set fire to the tea shop of the defacto complainant situated at Thalavarambu, on 25.08.2018 at about 2.00AM, and also hurled abuses at him, because of the enmity they had towards the defacto complainant, for not testify in support of them, to the Police, regarding an earlier incident, in which the accused/petitioner was assaulted. The petitioner also would state that at the alleged time of occurrence, he was in the Taluk hospital, which is evidenced by Annexure-A2, wound certificate, which was, where he was present in the Taluk
B.A.No.3628 OF 2020
3
hospital at 1.45 AM, and therefore, he could not have been present at the scene of occurrence at 2 AM, as alleged by the prosecution, is the case of the petitioner. The petitioner, however, does not have any criminal antecedents and he is willing to co-operate with the investigation. There is nothing to be recovered from him.
(i) He shall appear before the Investigating Officer as and when called for.
(ii) He shall not intimidate or influence witnesses and tamper with evidence.
(iii) He shall not get involved in similar offences during the currency of the bail period.
B.A.No.3628 OF 2020
4
In case of breach of any of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail.
The bail application is allowed.
Sd/ASHOK MENON JUDGE
NR/16/07/20
B.A.No.3628 OF 2020
The “ Crime No.1509 of 2020 of Kadakkal Police Station, Kollam ” occurring in the page number-2, first paragraph of the final order dated 16.07.2020 in BA. No.3628/2020 is corrected and substituted as “ Crime No.1509/2018 of Kadakkal Police Station, Kollam ” as per order dated 20.08.2020 in Crl.M.A. No.2/2020 in B.A. No.3628/2020.
DEPUTY REGISTRAR
1 issue framed by the court
Whether to grant anticipatory bail to the petitioner accused in a criminal case under Sections 436, 294(b) and 34 of the IPC.
1 provisions across 1 enactments
Murukan
The State of Kerala
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
