S.Sidharth Vs. State of Kerala

S.Sidharth vs State of Kerala

Type Court Judgment Court Kerala Decided Feb 26, 2014

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https://sooperkanoon.com/case/1132328

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Citation: sooperkanoon.com/1132328
Court: Kerala High Court
Judge: Honourable Mr.Justice M.L.Joseph Francis
Decided On: Feb 26, 2014
Subject: Land Acquisition

Case Summary

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

Land Acquisition

Key legal issue: Land Acquisition

Parties & Advocates

Appellant / Petitioner

S.Sidharth

Respondent

State of Kerala

Excerpt

.....that crime was registered on the basis of a complaint given by sri. dileepkumar who is a 3rd year student in college of engineering, thiruvananthapuram (cet). the complainant as well as the accused who are 6 in numbers are all students of the said college.2. the allegation against the accused is that on 27.01.2014 at about 4.00 p.m., the petitioners formed themselves into an unlawful assembly and beat up the defacto complainant and his friends, who were standing in the portico of the college, with sticks and since the blow to the complainant was warded off the possible injury to the head was avoided. the other persons allegedly injured are vishnu sajeev, nithin and deepak sivan.3. learned public prosecutor opposed the anticipatory bail application.4. considering the facts and circumstances of the b.a. no.1195 of 2014 2 case, i am of the view that arrest and detention of the petitioners is not necessary for the purpose of investigation. hence this petition is allowed.5. it is hereby directed that in the event of arrest of the petitioners in connection with the above case, they shall be released on bail on executing bond for `25,000/- each with two sureties each for the like sum to the satisfaction of the officer effecting arrest. the petitioners are directed to appear before the investigating officer as and when required. it is made clear that if the petitioners surrender before the judicial first class magistrate having jurisdiction, within 30 days from today, they shall be released on bail on executing bond for `25,000/- each with two sureties each for the like sum to the satisfaction of the judicial first class magistrate. in that case also, the petitioners are directed to appear before the investigating officer as and when required. sd/- m.l. joseph francis, judge as /true copy/ p.a. to judge

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE26H DAY OF FEBRUARY20147TH PHALGUNA, 1935 Bail Appl..No. 1195 of 2014 () ------------------------------- CRIME NO. 111/2014 OF SREEKARIYAM POLICE STATION, THIRUVANANTHAPURAM --------------------- PETITIONERS/ACCUSED13 & 6 : ------------------------------------------------ 1. S.SIDHARTH, AGED19YEARS S/O.V.SATHISH KUMAR, RESIDING AT SATHISH BHAVAN, MANGARAM, PANDALAM, ADOOR TALUK, PATHANAMTHITTA DISTRICT.

2. ASHIK T.K., AGED20YEARS S/O.KALYAN KUMAR, RESIDING AT KARAMATTADATHU VENGERI P.O., CALICUT.

3. VYSHAKH R., AGED18YEARS S/O.P.S.RAJI KUTTAN, RESIDING AT POURNAMI THURUTHIYIL LANE, VALIYAKULAM, THRIPPUNITHURA COCHIN. BY ADVS.SRI.K.SHAJ SRI.SAJJU.S SRI.RENJIT GEORGE SMT.ANJU MOHAN SRI.R.ARUN (KAYAMKULAM) SRI.S.K.SUJITH KRISHNA SRI.S.VISHNU (ARIKKATTIL) SRI.S.SHAJAHAN (ADOOR) RESPONDENTS/COMPLAINANT : ------------------------------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM-682031.

2. SUB INSPECTOR OF POLICE, SREEKARIYAM POLICE STATION, SREEKARIYAM-695003. R1 & R2 BY PUBLIC PROSECUTOR SRI.V.S. SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON2602-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn M.L. JOSEPH FRANCIS, J.

------------------------------------------ B.A. No. 1195 of 2014 -------------------------------------------- Dated this the 26th day of February 2014 ORDER

The petitioners are accused No.1, 3 and 6 in Crime No.111 of 2014 of Sreekaryam Police Station registered alleging the commission of offences under Secs.143, 147, 148, 149, 323, 324 and 308 of the IPC. That crime was registered on the basis of a complaint given by Sri. Dileepkumar who is a 3rd year student in College of Engineering, Thiruvananthapuram (CET). The complainant as well as the accused who are 6 in numbers are all students of the said college.

2. The allegation against the accused is that on 27.01.2014 at about 4.00 p.m., the petitioners formed themselves into an unlawful assembly and beat up the defacto complainant and his friends, who were standing in the Portico of the College, with sticks and since the blow to the complainant was warded off the possible injury to the head was avoided. The other persons allegedly injured are Vishnu Sajeev, Nithin and Deepak Sivan.

3. Learned Public Prosecutor opposed the anticipatory bail application.

4. Considering the facts and circumstances of the B.A. No.1195 of 2014 2 case, I am of the view that arrest and detention of the petitioners is not necessary for the purpose of investigation. Hence this petition is allowed.

5. It is hereby directed that in the event of arrest of the petitioners in connection with the above case, they shall be released on bail on executing bond for `25,000/- each with two sureties each for the like sum to the satisfaction of the officer effecting arrest. The petitioners are directed to appear before the Investigating Officer as and when required. It is made clear that if the petitioners surrender before the Judicial First Class Magistrate having jurisdiction, within 30 days from today, they shall be released on bail on executing bond for `25,000/- each with two sureties each for the like sum to the satisfaction of the Judicial First Class Magistrate. In that case also, the petitioners are directed to appear before the Investigating Officer as and when required. Sd/- M.L. JOSEPH FRANCIS, JUDGE AS /True Copy/ P.A. to Judge

Same Court & Year Kerala · 2014 Same Parties S.Sidharth vs State of Kerala Same Subject Land Acquisition Same Judge Honourable Mr.Justice M.L.Joseph Francis