Allowed

Sreeraj R, v. State of Kerala

Kerala HC14 Mar 2024Bail Appl./1748/2024

Case brief

AI extract

What is this about?

Sole accused charged under Sec.153A IPC for posting an offensive image insulting the Muslim community on Facebook sought bail under S.439 CrPC. With investigation practically complete and recovery effected after a month in custody, the court allowed regular bail subject to conditions including weekly appearance before the Investigating Officer.

What did the court decide?

Bail on Rs.50,000 bond with two solvent sureties, subject to conditions including weekly appearance before IO, no tampering, passport surrender and address disclosure.

Sreeraj R, Vs State of Kerala — Quashing and FIR | Kerala HC (2024)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE C.S.DIAS

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THURSDAY, THE 14^TH DAY OF MARCH 2024 / 24TH PHALGUNA, 1945

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BAIL APPL. NO. 1748 OF 2024

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CRIME NO.80/2024 OF Cherpulassery Police Station, Palakkad

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PETITIONER/S:

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SREERAJ R, AGED 30 YEARS S/O RAJENDRA KAIMAL, ANANDA BHAVANAM, THAYAMKARY, EDATHUA P.O,ALAPPUZHA, PIN - 689573

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BY ADVS. M.SUNILKUMAR S.SANDEEP (S-3458) RAJEESH V.R. RAKESH R. RAHUL S.NATH

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RESPONDENT/S:

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

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SR.PP. SRI.C.S.HRITHWIK

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL. NO. 1748 OF 2024

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O R D E R

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The application is filed under Section 439 of the Code of Criminal Procedure, 1973, by the sole accused in Crime No.80/2024 of the Cherpulassery Police Station, Palakkad, registered against him for allegedly committing the offence punishable under Sec.153A of the Indian Penal Code (in short, 'IPC'). The petitioner was arrested on 12.02.2024

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The crux of the prosecution case is that: on 10.02.2024 at around 20 hours, the accused with an intention to harm the religious feelings and beliefs of the Muslim community posted a photo on his facebook account showing the back ground of a Mosque and a preacher with the face of a pig. He also put a title to the photo stating that he wants to meet the artist who created the said photo. Thus, the accused has committed the above offence.

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BAIL APPL. NO. 1748 OF 2024

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Heard; Sri.Sunil Kumar M., the learned counsel

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appearing for the petitioner and Sri.C.S.Hrithwik, the learned Public Prosecutor.

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The learned counsel for the petitioner submitted that the petitioner is totally innocent of the accusation leveled against him. The Investigating Officer has deliberately incorporated Section 153(A) of the IPC to deny bail to the petitioner. Notwithstanding the other contentions raised in the bail application, the petitioner has been in judicial custody since 12.02.2024, that the investigation in the case is complete and recovery has been effected. Hence, the application may be allowed.

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The learned Public Prosecutor opposed the application. He submitted that the investigation is in progress, that the petitioner is a person with criminal antecedents and there is every likelihood of the petitioner

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BAIL APPL. NO. 1748 OF 2024

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intimidating the witnesses. Nonetheless, he conceded the fact that the petitioner has been in judicial custody since 12.02.2024 and recovery has been effected.

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On an anxious consideration of the facts, the

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rival submissions made across the Bar and the materials placed on record, and especially taking into account the fact the petitioner has been in judicial custody since 12.02.2024, that the investigation in the case is practically complete and recovery has been effected, I am of the view that the petitioner’s continued detention is unnecessary. Hence, I am inclined to allow the bail

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application.

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In the result, the application is allowed, by directing the petitioner to be released on bail on him executing a bond for Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties each for the like sum, to the

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BAIL APPL. NO. 1748 OF 2024

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satisfaction of the court having jurisdiction, which shall

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be subject to the following conditions:

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(i) The petitioner shall appear before the Investigating Officer on every Saturday between 9 a.m. and 11 a.m for a period of one month or till the final report is laid, whichever is earlier. He shall also appear before the Investigating Officer as and when required;

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(ii) The petitioner shall not directly or indirectly make any inducement, threat or procure 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 or tamper with the evidence in any manner, whatsoever;

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(iii) The petitioner shall not commit any offence while he is on bail;

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(iv) The petitioner shall surrender his passport, if any, before the court below at the time of execution of the bond. If he has no passport, he shall file an affidavit to the effect before the court below on the date of execution of the bond;

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(v) The petitioner shall furnish his present address

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BAIL APPL. NO. 1748 OF 2024

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and permanent address, and his mobile phone number to the court below and the Investigating Officer;

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(vi) In case of violation of any of the conditions mentioned above, the jurisdictional court shall be empowered to consider the application for cancellation of bail, if any filed, and pass orders on the same, in accordance with law.

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(vii) Applications for deletion/modification of the bail conditions shall be moved and entertained by the court below.

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(viii) Needless to mention, it would be well within the powers of the Investigating Officer to investigate the matter and, if necessary, to effect recoveries on the information, if any, given by the petitioner even while the petitioner is on bail as laid down by the Hon'ble Supreme Court in Sushila Aggarwal v. State (NCT of Delhi) and Anr. [2020 (1) KHC 663].

sd/-

rkc/14.03.24

C.S.DIAS, JUDGE

BAIL APPL. NO. 1748 OF 2024

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APPENDIX OF BAIL APPL. 1748/2024

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PETITIONER ANNEXURES

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Annexure A TRUE COPY OF THE REMAND APPLICATION OF THE ACCUSED Annexure B TRUE COPY OF THE ORDER IN CRL.M.P. 1674 OF 2024 BEFORE THE COURT OF JUDICIAL FIRST-CLASS MAGISTRATE-I, OTTAPALAM Annexure C TRUE COPY OF THE ORDER IN CRL.M.C NO. 1162/2024 OF SESSIONS COURT PALAKKAD

Sreeraj R, v. State of Kerala

Case brief

What is this about?

What did the court decide?

Sreeraj R, v. State of Kerala

Case brief

What is this about?

What did the court decide?

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