Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH FRIDAY, THE21T DAY OF FEBRUARY20142ND PHALGUNA, 1935 Bail Appl..No. 1182 of 2014 () ------------------------------- CRIME NO. 1070/2013 OF KADAKKAVOOR POLICE STATION , THIRUVANANTHAPURAM DISTRICT. ------------------------ PETITIONER/ACCUSED NO.1 : ------------------------------------------ RONE ROCKEY,AGED33YEARS,S/O.ROCKEY, KARIYKKAVILAKOM, POOTHURA, ANCHUTHENGU P.O., KADAKKAVOOR, THIRUVANANTHAPURAM. BY ADVS.SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN RESPONDENTS/COMPLAINANT : ------------------------------------------------------ 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031 (CRIME NO.1070/2013 OF KADAKKAVOOR POLICE STATION,THIRUVANANTHAPURAM DISTRICT) 2. STATION HOUSE OFFICER, KADAKKAVOOR POLICE STATION, THIRUVANANTHAPURAM DISTRICT - 695 306 (CRIME NO.1070/2013 OF KADAKKAVOOR POLICE STATION, THIRUVANANTHAPURAM DISTRICT) R1 & R2 BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON2102-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts THOMAS P. JOSEPH. J.
========================= Bail Application No.1182 of 2014 ============================ Dated this the 21st February, 2014 ORDER
Petitioner is the 1st accused in Crime No. 1070 of 2013 of the Kadakkavoor police station for the offences punishable under Secs.143, 147, 451, 323, 353 and 427 r/w. Sec.149 of the Penal Code and Sec. 3(2)(A) of the PDPP Act, apprehends arrest and has filed this application.
2. Learned Public Prosecutor has opposed the application. It is submitted that on 25.12.2013 at about 02:30 a.m. the petitioner and other identifiable persons trespassed into the office of the KSEB, attacked the linemen, obstructed them from discharging their official duty and destroyed electric meters etc. causing loss of around Rs. 1 lakh to the KSEB. It is submitted that questioning of the petitioner is required to identify the other persons involved in the incident.
3. Learned counsel submits that the linemen did not B.A No. 1182 of 2014 2 attend to their duty and there was electricity failure throughout the day, the local people went to the office of the Board and found that the linemen engaged in consuming liquor.
3. Having regard to the nature of allegations made against the petitioner, I am inclined to think that custodial interrogation is not required. At the same time I cannot forget the damage (allegedly) caused to the KSEB.
4. Having regard to the relevant circumstances, I am inclined to grant relief but directing the petitioner to deposit Rs.50,000/- (Rupees Fifty thousand only). Application is allowed as under:
1. Petitioner shall surrender before the officer investigating Crime No. 1070 of 2013 of the Kadakkavoor police station on 28.02.2014 at 10:00 a.m. for interrogation. 2) In case interrogation is not completed that day, the said officer can direct the petitioner to appear before him on any other date/dates and time which he shall comply. 3) Petitioner shall co-operate with the investigation of the case. 4) In case the petitioner is arrested, he shall be produced B.A No. 1182 of 2014 3 before the jurisdictional magistrate the same day. 5) On such production, the petitioner shall be released if not required to be detained otherwise on his executing bond for Rs.15,000/- (Rupees Fifteen thousand only) with two sureties for the like sum each to the satisfaction of the learned magistrate and subject to the following conditions:- a) One of the sureties shall be a close relative of the petitioner. b) Petitioner shall deposit Rs.50,000/- (Rupees Fifty thousand only) in his name in a nationalised bank for a period of two years (renewable as per the order of the learned magistrate) and produce the FD receipt before the learned magistrate while executing the bail bond. c) In case the petitioner is made liable to pay compensation to the KSEB, such compensation to the extent possible could be realised from the amount in deposit. d) Petitioner shall report to the investigating officer on every alternate Saturday between 10:00 a.m. and 12:00 p.m. until filing of the final report.. e) Petitioner shall report to the investigating officer as and when required for interrogation. B.A No. 1182 of 2014 4 f) Petitioner shall not intimidate/influence the witnesses. g) Petitioner shall not, during the period of this bail get involved in any offence. h) In case of violation of any of conditions Nos. (d) to (g), the bail granted hereby is liable to be cancelled by moving application before the learned magistrate by the investigating officer 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