Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE N.K.BALAKRISHNAN TUESDAY, THE4H DAY OF FEBRUARY201415TH MAGHA, 1935 Bail Appl..No. 705 of 2014 () ------------------------------ CRIME NO. 14/2014 OF KANNAPURAM POLICE STATION , KANNUR DISTRICT --------------------------------------- PETITIONER(S)/ACCUSED: ------------------------------------ 1. N. THAMPAN, S/O BATTYAN, AGED57YEARS. NURICHAN HOUSE, MOTTAMAI.P.O., KANNAPURAM, KANNUR DIST.
2. MADHU.K., S/O.BALAKRISHNANA, AGED43YEARS, KOYYAN HOUSE, MOTTAMMAI.P.O, KANNAPURAM, KANNUR DIST. BY ADV. SRI.SUMAN CHAKRAVARTHY RESPONDENT/COMPLAINANT: --------------------------------------------------- STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON0402-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts N.K. BALAKRISHNAN, J.
------------------------------------------ B.A. No. 705 of 2014 ------------------------------------------ Dated this the 4th day of February, 2014 ORDER
Petitioners are accused nos.1 and 2 in Crime No.14/2014 of Kannapuram Police Station, Kannur District. The offences alleged are under sections 447, 341, 294(b), 323, 506(1) and 354B r/w 34 of IPC.
2. It is alleged that on 3.1.2014 at about 11.00 a.m., the petitioners trespassed into the compound of the complainant and uttered obscene words and lifted her parda.
3. The learned counsel for the petitioners submits that the petitioners are members of the SC/ST community. There is a civil dispute between the parties. A crime was registered against the complainant and others as Crime B.A. No. 705/2014 -2- No.15/2014 alleging offences including offence under the SC/ST (PA) Act. It was stated that in the said crime there is specific allegation of causing hurt using deadly weapons. The complainant and others are powerful persons and this case has been registered because of the influence of the complainant and others, it is submitted.
4. Considering all the aspects the following directions are issued: The petitioners shall surrender before the Investigating Officer within ten days from today. After interrogation the accused shall be produced before the learned Magistrate. When applied for bail by the accused, the learned Magistrate will, considering the nature of the case, grant bail to the petitioners but on the following conditions: a. The petitioners shall execute a bond for Rs.10,000/- (Rupees Ten thousand only) each with two solvent sureties B.A. No. 705/2014 -3- each for the like sum to the satisfaction of the learned Magistrate. If in case the Magistrate has any doubt about the genuineness or correctness of the tax receipts produced by the sureties, the learned Magistrate can insist for production of the attested photo copies of the original title deeds of the sureties. b. The petitioners shall surrender their original passports, if any, before the learned jurisdictional Magistrate. c. The petitioners will also file an affidavit that they will abide by all the conditions as mentioned above and that they will not commit any offence similar to the offence involved in this case and will 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 or tamper B.A. No. 705/2014 -4- with the evidence. d. The learned Magistrate will also ensure the identity of the sureties by insisting production of electoral photo identity cards/Driving licence etc. Sd/- N.K. BALAKRISHNAN, JUDGE //True Copy// P.A. to Judge jjj