Allowed

Sooryalal v. State of Kerala

Kerala HC1 Jun 2023CRL.A/766/2023

Case brief

AI extract

What is this about?

High Court allowed criminal appeal against refusal of bail. Justice V.G. Arun held that statutory bail under Section 167(2) Cr.P.C. is mandatory after 90 days, imposing conditions including sureties, territorial restrictions, and reporting requirements.

What did the court decide?

Appellants released on bail with Rs.50,000 personal and surety bonds, prohibition to enter Enathu Police Station limits, and reporting to SHO Adoor every Monday.

Sooryalal Vs State of Kerala — Caste Atrocities | Kerala HC (2023)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶4

THURSDAY, THE 1^ST DAY OF JUNE 2023 / 11TH JYAISHTA, 1945

¶5

CRL.A NO. 766 OF 2023

¶6

CRMP 2491/2023 OF SESSIONS COURT, PATHANAMTHITTA

¶7

APPELLANT/S:

¶8

1 SOORYALAL AGED 23 YEARS S/O BAHULEYAN, VADAKKE CHARUVIL VEEDU, MAROOR P.O., ENADIMANGALAM VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT, PIN - 691524 2 CHANDRALAL AGED 19 YEARS S/O BAHULEYAN, VADAKKE CHARUVIL VEEDU, MAROOR P.O., ENADIMANGALAM VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT, PIN - 691524 BY ADVS. MANU RAMACHANDRAN M.KIRANLAL SAMEER M NAIR R.RAJESH (VARKALA) GEETHU KRISHNAN SAILAKSHMI MENON ABHISHEK JOHNSON

¶9

RESPONDENT/S:

¶10

1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031

¶11

2 THE STATION HOUSE OFFICER ENATHU POLICE STATION, PATHANAMTHITTA DISTRICT, PIN - 691526

¶12

3 SARAN MOHAN AGED 29 YEARS S/O MOHANAN, MULAYANKODE KIZHAKKEKKARA PUTHEN VEEDU, KURUMPAKARA P.O., ENADIMANGALAM VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT, PIN - 689695

¶13

OTHER PRESENT:

¶14

SR.PP.RENJITH GEORGE

¶15

THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON

¶16

01.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶17

Crl.Appeal No.766 of 2023

¶18

-2-

¶19

JUDGMENT

¶20

Dated this the 01^st day of June, 2023

¶21

The appellants are accused Nos. 1 and 2 in

¶22

Crime No.128 of 2023 of Enathu Police Station, registered for offences under Sections 143, 147, 148, 149, 341, 323, 324 and 427 IPC. The crime is registered on the allegation that, due to their enmity towards the de facto complainant, the accused formed into an unlawful assembly and way laid the de facto complainant by about 5.30 p.m on 18.02.2023. Thereafter, the accused assaulted the de facto complainant and abused him by caste.

¶23

The appellants were arrested on

¶24

21.02.2023 and are continuing in custody.

¶25

Although accused Nos.3 and 4 were

¶26

granted bail, the learned Sessions Judge refused bail to the appellants as they are involved in various other crimes.

¶27

Crl.Appeal No.766 of 2023

¶28

submitted that 90 days being over from the date of arrest and remand of the appellants, they are entitled for statutory bail under Section 167(2) of Cr.P.C.

¶29

Learned Public Prosecutor submitted that the appellants are history-sheeters and even KAPPA proceedings have been initiated against one of them. It is also pointed out that there is every possibility of the appellants attacking the de facto complainant again and attempting to influence the witnesses.

¶30

statutory bail, as the investigation is not completed and final report filed within 90 days. Being so, this Court is left with no alternative, but to enlarge them on bail. At the same time, taking into account the submissions of the Public Prosecutor, stringent conditions have to be imposed.

¶31

Crl.Appeal No.766 of 2023

¶32

-4-

¶33

Accordingly, the appeal is allowed as under; (i) The appellants shall be released on

¶34

bail, on their executing a bond for Rs.50,000/(Rupees fifty thousand only) each, with two solvent sureties for the like amount, to the satisfaction of the trial court.

¶35

(ii) The appellants shall not enter the limits of the Enathu Police Station, within which the de facto complainant is residing.

¶36

(iii) The appellants shall report before

¶37

the Station House Officer, Adoor Police Station every Monday between 10 a.m and 11 a.m., until the final report is filed.

¶38

manner, intimidate the de facto complainant or attempt to influence the witnesses.

¶39

any other offence while on bail.

¶40

If any of the above conditions are violated,

¶41

Crl.Appeal No.766 of 2023

¶42

-5-

¶43

the investigating officer can approach the

¶44

Sessions Court for cancellation of the bail.

Sd/-

V.G.ARUN

JUDGE

Scl/

Crl.Appeal No.766 of 2023

¶50

-6-

¶51

APPENDIX OF CRL.A 766/2023

¶52

PETITIONER ANNEXURES

¶53

Annexure A1 THE TRUE COPY OF THE FIR IN CRIME NO.128/2023 OF ENATHU POLICE STATION, PATHANAMTHITTA DISTRICT Annexure A2 THE TRUE COPY OF THE COMPLAINT PREFERRED BY SMT.SANDHYA TO THE STATION HOUSE OFFICER, ENATHU POLICE STATION Annexure A3 THE TRUE COPY OF THE FIR IN CRIME NO.129/2023 OF ENATHU POLICE STATION, PATHANAMTHITTA DISTRICT Annexure A4 THE TRUE COPY OF THE ORDER DATED 04.03.2023 IN CRL.M.P. NO.1945/2023 OF JFMC, ADOOR Annexure A5 THE TRUE COPY OF THE REMAND APPLICATION DATED 21.02.2023 FILED IN CRIME NO.128/2023 OF ENATHU POLICE STATION, PATHANAMTHITTA DISTRICT

Sooryalal v. State of Kerala

Case brief

What is this about?

What did the court decide?

Sooryalal 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

Praveen Vs Pranav

Abdul Suhail Vs State of Kerala

Jiju Lukose Vs State of Kerala

Immanuel Vs State of Kerala

Pradeepkumar Vs Gnanadhas Christopher

Abdurahiman, Vs State of Kerala