This bail application was allowed to Francis Salas, accused herein under various sections of IPC and PDPP Act. The Court permitted surrender within ten days and granted bail on executing a bond of Rs. 50,000 with sureties.
Petitioner allowed liberty to surrender within ten days and released on bail on executing bond for Rs. 50,000 with two solvent sureties.
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 K.HARIPAL FRIDAY, THE 16TH DAY OF JULY 2021/25TH ASHADHA, 1943 BAIL APPL. NO.1864 OF 2021
(CRIME NO.758/2020 OF RAMANKARY POLICE STATION, ALAPPUZHA)
PETITIONER/S:
FRANCIS SALAS, AGED 77 YEARS, KOLASSERY HOUSE, MANALADY, RAMANKARY, ALAPPUZHA ALAPPUZHA, PIN – 689 595 BY ADV R.UMASANKAR
RESPONDENT/S:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, PIN – 682 031
BY ADVS. PUBLIC PROSECUTOR ADDL.DIRECTOR GENERAL OF PROSECUTION
OTHER PRESENT:
SR.PP - SRI. C.K. SURESH
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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BAIL APPL. NO.1864 OF 2021
ORDER
Petitioner is one of the accused in Crime
No.758/2020 of Ramankary Police Station, which was registered alleging offence under Sections 143, 147,
148, 188, 323, 324, 341, 294(b), 332, 333, 508,
120B, 427 read with 149 I.PC and also under Section 3(2)(e) of the PDPP Act and Section 27 of the Arms
Act.The alleged incident had happened on 12.12.2020 at 2.00 a.m.,
and also the learned Public Prosecutor.
petitioner is totally innocent; the alleged beating of a road was committed by a mob of 30 persons and
the petitioner is totally unaware of it; in a
similar case, i.e., in Crime No.759/2020 he was accused and was granted bail by this court in
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BAIL APPL. NO.1864 OF 2021
Annexure A1 order. Highlighting Annexure-2 medical certificate, it was pointed out that he is 71 years old, is a cardiac patient.
persons were found engaged in widening a road in violation of the order of injunction passed by the civil court; suit was filed and an order was obtained by one Laiju Joshy; the petitioner and others wanted to widen a way leading to Madathiparambil colony, violating the order of injunction. When the police party reached the spot, keeping females in front, the mob unleashed attack against the police party and others. The second accused used a sword against the Sub Inspector and caused him grievous injuries. The mob also sprinkled chilly powder and thus indulged in wanton acts of violence. The petitioner is the 8th accused. He was also one of the master minds in the crime, it was he
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who had arranged other members of the mob, to the residence of the first accused.
crime. He was also a member of the unlawful
assembly. Even though the crime was registered roping in him with the aid of Section 149 of the
IPC, no specific role has been attributed against him. Moreover, he is a 71 year old person and in the
nature of the allegations, his custodial
interrogation is not necessary.
that he is prepared to surrender before the
investigating officer and co-operate with the investigation.
Therefore, the petitioner shall be at liberty to surrender before the Investigating Officer within
ten days from today and will make himself available
BAIL APPL. NO.1864 OF 2021
for interrogation; in the event of arrest, he shall
be released on bail on executing bond for Rs.50,000/- (Rupees fifty thousand only) with two
solvent sureties each for the like sum to the satisfaction of the Investigating Officer; he shall co-operate with the investigation, shall not try to contact or influence the witnesses or tamper with the evidence and shall not involve in any crime during the period on bail.
This bail application is allowed as above.
Sd/-
K.HARIPAL
JUDGE
ss
2 issues framed by the court
Whether to grant bail to the petitioner accused under multiple sections of law.
Whether the petitioner's age and medical condition justify his release on bail.
2 provisions across 2 enactments
Francis Salas
State of Kerala
K. Haripal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
