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Sarathi Vs. State of Kerala

Sarathi vs State of Kerala

Type Court Judgment Court Kerala Decided Jan 28, 2014
~4 min read
https://sooperkanoon.com/case/1123676

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Citation
Court
Kerala High Court
Judge
Decided On
Subject
Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue
Education

Parties & Advocates

Appellant / Petitioner

Sarathi

Respondent

State of Kerala

Excerpt

.....of the penal code, are in custody from 15.01.2014 and seek bail.2. learned public prosecutor has opposed the application. it is submitted that on 07.01.2014 at about 04:30 p.m. an unlawful assembly consisting of the petitioners attacked the de facto complainant in front of the government higher secondary school, kallar. petitioners assaulted the de facto complainant with iron rod. first petitioner is involved in crime no. 1113 of 2013 of the kattappana police station for the offence punishable under b.a no.560 of 2014 2 sec.308 of the penal code. the 3rd petitioner/5th accused is involved in crime no. 20 of 2014 of the nedumkadam police station.3. learned counsel submits that there was a protest against implementation of kasthurirangan report and some untoward incident took place. according to the learned counsel, weapon allegedly used by the first petitioner is already recovered.4. having regard to the relevant circumstances, request of the first petitioner/first accused for bail cannot be allowed at this stage. i am inclined to grant bail to the other accused. application is disposed of as under:- 1) request for bail made by the first petitioner/first accused is rejected. 2) petitioners 2 to 5/accused 2 , 5, 6 and 9 are granted bail in crime no. 21 of 2014 of the nedumkandom police station and shall be released, if not required to be detained otherwise on his executing bond for b.a no.560 of 2014 3 rs.25,000/- (rupees twenty five thousand only) each with two sureties each for the like sum each to the satisfaction of the jurisdictional magistrate subject to the following conditions:- a) one of the sureties shall be a close relatives of the petitioners 2 to 5. b) petitioners 2 to 5 shall report to the investigating officer on every monday and saturday between 10:00 a.m. and 12:00 p.m. until filing of the final report. c) petitioners 2 to 5 shall report to the investigating officer as and when required for interrogation. d) petitioners 2 to 5 shall not, during.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH TUESDAY,THE28H DAY OF JANUARY20148TH MAGHA, 1935 Bail Appl..No. 560 of 2014 () ------------------------------ CRIME NO. 21/2014 OF NEDUMKANDAM POLICE STATION, IDUKKI DISTRICT ------------------ PETITIONERS/ACCUSED NO. A1, A2, A5, A6 & A9: ---------------------------------------------------------------------- 1. SARATHI, AGED34YEARS S/O.NEELAKANDAN, BLOCK NO.171, KALLAR P.O. PARATHODU VILLAGE.

2. SHIJUMON EYPE, AGED35YEARS S/O.EYPE, VADUMALAYAIL (H), PAMPADUMPARA.

3. JALEEL, AGED34YEARS S/O.MUHAMMADKUNJU, THACHUKULATH (H), MUNDIYERUMA PARATHODU VILLAGE.

4. RAJESH, AGED31YEARS S/O.KUTTAPPAN, THUNDIYIL (H), KALLAR PAMPADUMPARA VILLAGE.

5. ANOOP,AGED24YEARS S/O.PEEUOOS, INCHANALICKAL (H), ASANPADI PAMPADUMPARA VILLAGE. BY ADVS.SRI.S.RAJEEV SRI.K.K.DHEERENDRA KRISHNAN RESPONDENT/STATE : ---------------------------------- STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM-682031. (CRIME NO.21/2014 OF NEDUMKANDAM POLICE STATION IDUKKI DISTRICT). BY PUBLIC PROSECUTOR SRI. SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON2801-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn THOMAS P. JOSEPH, J.

========================= Bail Application No.560 of 2014 ============================ Dated this the 28th day of January, 2014 ORDER

Petitioners are accused 1, 2, 5, 6 and 9 in Crime No. 21 of 2014 of the Nedumkandom police station for the offences punishable under Secs.143, 147, 148, 294(b), 323, 324 and 307 r/w. Sec.149 of the Penal Code, are in custody from 15.01.2014 and seek bail.

2. Learned Public Prosecutor has opposed the application. It is submitted that on 07.01.2014 at about 04:30 p.m. an unlawful assembly consisting of the petitioners attacked the de facto complainant in front of the Government Higher Secondary School, Kallar. Petitioners assaulted the de facto complainant with iron rod. First petitioner is involved in Crime No. 1113 of 2013 of the Kattappana police station for the offence punishable under B.A No.560 of 2014 2 Sec.308 of the Penal Code. The 3rd petitioner/5th accused is involved in Crime No. 20 of 2014 of the Nedumkadam police station.

3. Learned counsel submits that there was a protest against implementation of Kasthurirangan report and some untoward incident took place. According to the learned counsel, weapon allegedly used by the first petitioner is already recovered.

4. Having regard to the relevant circumstances, request of the first petitioner/first accused for bail cannot be allowed at this stage. I am inclined to grant bail to the other accused. Application is disposed of as under:- 1) Request for bail made by the first petitioner/first accused is rejected. 2) Petitioners 2 to 5/accused 2 , 5, 6 and 9 are granted bail in Crime No. 21 of 2014 of the Nedumkandom police station and shall be released, if not required to be detained otherwise on his executing bond for B.A No.560 of 2014 3 Rs.25,000/- (Rupees Twenty five thousand only) each with two sureties each for the like sum each to the satisfaction of the jurisdictional magistrate subject to the following conditions:- a) One of the sureties shall be a close relatives of the petitioners 2 to 5. b) Petitioners 2 to 5 shall report to the Investigating Officer on every Monday and Saturday between 10:00 a.m. and 12:00 p.m. until filing of the final report. c) Petitioners 2 to 5 shall report to the investigating officer as and when required for interrogation. d) Petitioners 2 to 5 shall not, during the said period get involved in any offence. e) Petitioners 2 to 5 shall not intimidate/influence the witnesses. f) It is made clear that in case any of condition Nos. (b) to (e) is violated, it is open to the Investigating Officer to seek cancellation of the bail granted hereby by moving appropriate B.A No.560 of 2014 4 application before the learned magistrate (until committal if any and thereafter before the learned Principal Sessions Judge concerned) as held in P.K. Shaji V. State of Kerala (AIR2006 Supreme Court 100). Sd/- THOMAS P.JOSEPH, JUDGE //true copy// P.A. to Judge Smv

Continue Your Research

Same Court & Year Kerala · 2014 Same Parties Sarathi vs State of Kerala Same Subject Education Same Judge Honourable Mr.Justice Thomas P.Joseph
Education

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