High Court allowed bail petition for accused charged with offences under IPC sections 452, 354, and others arising from a property dispute, imposing stringent conditions including bond and social distancing compliance.
Bail allowed on stringent conditions including personal bond of Rs.50,000 with two sureties each for Rs.50,000.
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 P.V.KUNHIKRISHNAN
MONDAY, THE 15TH DAY OF FEBRUARY 2021 / 26TH MAGHA,1942
Bail Appl..No.8676 OF 2020
CRIME NO.1509/2020 OF NADAKKAVU POLICE STATION , KOZHIKODE
PETITIONERS:
1 BENNY THOMAS, AGED 23 YEARS, PLACKAL HOUSE, THANATHEKKAL PARAMBA, NETHAJI NAGAR, EAST HILL, KOZHIKODE, PIN-673005
2 JOMON THOMAS, PLACKAL HOUSE, THANATHEKKAL PARAMBA, NETHAJI NAGAR, EAST HILL , KOZHIKODE, PIN-673005
BY ADV. SRI.SHARAN SHAHIER
RESPONDENTS:
STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682031
R1 BY SRI.AJITH MURALI, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No.8676 OF 2020
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ORDER
Dated this the 15th day of February 2021
Petitioners are the accused in Crime No.1509/2020 of Nadakkavu Police Station. The above case is registered against the petitioners and others alleging offence punishable under Section 143, 147, 148, 452, 323, 324, 354 & 294(b) read with 149 IPC.
Bail Appl..No.8676 OF 2020 -3-
learned Public Prosecutor.
submitted that the first petitioner obtained a house on mortgage and shifted his residence to the said place. In rainy season the rain water from the road flows to the compound resulting into water log in the premises of the house. Hence he put up a small bund restricting the flow of water inside the compound. It was removed by the defacto complainant and her son. On 16.11.2020 the petitioners were again engaged in the construction of bund and at that time there was a push and pull in which the incident happened. The learned counsel submitted that the only non-bailable offences alleged are under Section 452 and 354 IPC. Even if then their allegations are accepted offence under Section 452 and 354 IPC is not made out.
Bail Appl..No.8676 OF 2020 -4-
be investigated by the Investigating Officer.
Bail Appl..No.8676 OF 2020
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following directions:
the Investigating Officer within ten
days from today and shall undergo
interrogation.
Investigating Officer propose to arrest the petitioners, they shall be released
on bail executing a bond for a sum of Rs.50,000/-(Rupees Fifty Thousand only) with two solvent sureties each
for the like sum to the satisfaction of the officer concerned.
Bail Appl..No.8676 OF 2020
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the investigation and shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police
officer.
without permission of the jurisdictional
Court.
offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.
Bail Appl..No.8676 OF 2020
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by the State Government and Central
Government with respect to keeping of social distancing in the wake of Covid
19 pandemic.
bail is granted by this Court.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
vv
2 issues framed by the court
Whether bail should be granted to accused in a case alleging offences under various provisions of IPC.
Whether the allegations under non-bailable sections 452 and 354 IPC make out a case warranting denial of bail.
1 provisions across 1 enactments
Benny Thomas
Jomon Thomas
State of Kerala
P.V.Kunhikrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
