Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH MONDAY,THE11H DAY OF NOVEMBER201320TH KARTHIKA, 1935 Bail Appl..No. 7415 of 2013 () ------------------------------- CRIME NO. 1209/2013 OF PANDALAM POLICE STATION , PATHANAMTHITTA DISTRICT ----------------------------------------- PETITIONERS/ACCUSED NO.5,11 TO16: ------------------------------------------------------------ 1. JERI JOSEPH @ JERIN, AGED23YEARS,S/O.JOSEPH, JOSY VILLA NEAR THUNDIPADDYREETHU CHURCH, MANTHUKA MURI, KULANADA VILLAGE.
2. SUDHEEP @ VELAYUDHAN, AGED22YEARS, S/O.RAJU, KALLIRIKKUNNATHIL MODIYIL VEEDU, PANANGAD, PANDISSERY COLONY, KAIPPUZHA MURI, KULANADA VILLAGE.
3. RAJAN @ VETTIL, AGED42YEARS, S/O.PODIYAN, ASWATHY BHAVAN, MANNAKADAV VATTAKUNNU COLONY, THUMPAMON THAZHAM MURI , KULANADA VILLAGE.
4. NIDHISH RAJ, AGED21YEARS, S/O.JEEVARAJ, KILANNAMANNIL VEEDU, NJETTUR, KULANADA FROM AJAYA BHAVAN KAIPPUZHA NORTH MURI, KULANADA VILLAGE.
5. REGHU, AGED34YEARS, S/O.VELAYUDHAN, CHENNELI THEKKECHARUVIL VEEDU, VIJAYAPURAM CHENNELY COLONY, VAYALINUMPADINJARU MURI, PANDALAM THEKKEKKARA VILLAGE.
6. SANDEEP,AGED22YEARS, S/O.SOMAN, THARAYIL VEEDU, NEAR PADANILAM TEMPLE, NOORANADU FROM SANDEEP NIVAS, PALATHADAM, MANGARAM MURI, PANDALAM VILLAGE.
7. PRADEEP, AGED23YEARS,S/O.PRASAD, PRADEEP BHAVAN, VAYALINUM PADINJARU MURI, PANDALAM, THEKKEKKARA VILLAGE. BY ADV. SRI.K.SHAJ RESPONDENTS/STATE: ------------------------------------------- 1. STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM -682 031 sts 2/- -2- B.A.NO.7415/2013 2. SUB INSPECTOR OF POLICE, PANDALAM POLICE STATION, PANDALAM, PATHANAMTHITTA.PIN-689 614 BY PUBLIC PROSECUTOR SMT. LALIZA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON1111-2013,ALONG WITH B.A.NO.7436/2013 AND B.A.NO.7481/2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts THOMAS P. JOSEPH, J.
-------------------------------- Bail Appl. Nos.7415,7436 and 7481 of 2013 -------------------------------------------- Dated this the 11th day of November 2013
ORDERB.A. Nos.7415 and 7481 of 2013 arise from Crime No.1209 of 2013 of the Panthalam Police station for the offences punishable under Secs.143, 147, 148, 323, 324 and 326 read with Sec.3A of the Explosives Substance Act ( 'the Act' for short). Case is that on 06.10.2013 at about 5.15 p.m., petitioners and others formed unlawful assembly, committed rioting armed with deadly weapons, voluntarily caused hurt/grevious hurt to the defacto complainant and others and used explosives. Accused Nos. 5, 11 to 14 and 16 were arrested on 12.10.2013 while the 15th accused was arrested on 11.10.2013. The 17th accused is in custody from 25.10.2013.
2. B.A. No.7436 of 2013 arises from Crime No.1208 of 2013 of the same station for similar offences and concerning the same incident. That application is preferred by accused Nos.6 and 13 who are in custody Bail Appl. Nos.7415,7436 & 7481 of 2013 2 from 12.10.2013.
3. Learned senior advocate for the accused Nos.5 and 11 to 16 in Crime No.1209 of 2013 and the learned counsel appearing for the other accused in the two crimes requested for bail. In crime No.1209 of 2013 it is argued that explosives were thrown at the injured in Crime No.1208 of 2013 and that some of them were arrested from the hospital where they were undergoing treatment.
4. Learned counsel for the accused in Crime No.1208 of 2013 would submit that the allegations against the accused are not true.
5. Learned Public Prosecutor has submitted that following the incident in these applications, three other incidents also occurred consequent to the earlier one and that the investigation of the case is not completed. It is pointed out that in Crime No.1209 of 2013 also, the offence under Sec.3A of the Act is incorporated.
6. On hearing the learned senior advocate, learned counsel and the learned Public Prosecutor, it is Bail Appl. Nos.7415,7436 & 7481 of 2013 3 revealed that the incident occurred while rival groups were on a procession and they met at the place of the occurrence. Having regard to the fact situations and considering the period of custody, I am inclined to grant bail but, subject to stringent conditions since recurrence of such incidents in future is to be prevented and since investigation of the case cannot be affected. So far as the 17th accused who filed B.A. No.7481 of 2013 is concerned his custody is only from 25.10.2013 and the investigating officer should get a bit more time for further investigation so far as the involvement of that accused is concerned. Hence, bail to granted to the 17th accused will take effect from a future date. Resultantly, these applications are allowed as under. (I) B.A. Nos.7415 & 7481 of 2013 1. Petitioners (accused Nos.5 and 11 to 17 ) are granted bail in Crime No.1209 of 2013 of the Panthalam Police station and shall be released, if not required to be detained otherwise on their executing bond for Rs.25,000/- (Rupees twenty Bail Appl. Nos.7415,7436 & 7481 of 2013 4 five thousand only) each with two sureties each for the like sum each to the satisfaction of the jurisdictional magistrate and subject to the following conditions. (a) Petitioners (accused Nos.5 and 11 to 17) shall report to the officer investigating Crime No.1209 of 2013 of the Panthalam Police station on every Saturday between 10.00 a.m. and 12.00 p.m. for a period of two months or until filing of the final report, whichever is earlier. (b) Petitioners shall also report to the said officer as and when required for interrogation. (c) Petitioners (accused Nos.5 and 11 to 17) except if necessary for compliance of the above conditions, shall not enter local limits of the Panthalam Police station until otherwise ordered and except with the permission of the jurisdictional magistrate ( until committal if any and thereafter, of the learned Principal Sessions Judge concerned). Bail Appl. Nos.7415,7436 & 7481 of 2013 5 (d) Petitioner shall not get involved in any offence during the period of this bail. (e) So far as the 17th accused in Crime No.1209 of 2013 is concerned, it is directed that since the investigation of the case is not completed, this order granting bail to him will take effect only from 18.11.2013. (f) It is made clear that if the 17th accused requires to attend any place for his examinations in the meantime, the jail authorities shall make necessary arrangements to take him to such place with necessary Police escort. II. B.A. No.7436 of 2013 1. Petitioners (accused Nos.6 and 13 ) are granted bail in Crime No.1208 of 2013 of the Panthalam Police station and shall be released, if not required to be detained otherwise on their executing bond for Rs.25,000/- (Rupees twenty five thousand only) each with two sureties each for the like sum each to the satisfaction of the Bail Appl. Nos.7415,7436 & 7481 of 2013 6 jurisdictional magistrate and subject to the following conditions. a) Petitioners (accused Nos.6 and 13 ) shall report to the officer investigating Crime No.1208 of 2013 of the Panthalam Police station on every Saturday between 10.00 am and 12.00 pm for a period of two months or until filing of the final report, whichever is earlier. b) Petitioners shall report to the investigating officer as and when required for interrogation. c) Petitioners shall not get involved in any offence during the period of this bail. d) Petitioners (accused Nos.6 and 13) except if necessary for compliance of the above conditions, shall not enter local limits of the Panthalam Police station until otherwise ordered and except with the permission of the jurisdictional magistrate ( until committal if any and thereafter, of the learned Principal Sessions Judge concerned). Bail Appl. Nos.7415,7436 & 7481 of 2013 7 III. In case any of the above conditions is violated by any of the petitioners it is open to the investigating officer to file application before the learned magistrate (until committal of the case if any and thereafter, before the learned Sessions Judge, concerned) for cancellation of the bail granted hereby to such petitioner, as held in P.K. Shaji V. State of Kerala (AIR 2006 SC100. Sd/- THOMAS P. JOSEPH JUDGE NS