Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH TUESDAY, THE15H DAY OF JULY201424TH ASHADHA, 1936 Bail Appl..No. 5166 of 2014 () ------------------------------- CRIME NO. 477/2014 OF KUTTIPPURAM POLICE STATION, MALAPPURAM DIST. ....... PETITIONERS/ACCUSED NOS. 1 TO3 ------------------------------------------------------ 1. SHAJI MON, S/O.KUNHAVUTTY HAJI, AGED36YEARS, PIZHUMKUTTIL HOUSE, KOLATHUR, NADUVATTOM P.O, KUTTIPPURAM.
2. SIDDEEQUE, S/O.MOHAMMED, AGED42YEARS, CHENGARAKKATTIL HOUSE, KOLATHUR, NADUVATTOM P.O, KUTTIPPURAM.
3. MUSTHAFA, S/O.KOYA HAJI, AGED41YEARS, CHAKKOLI PARAMBIL HOUSE, KOLATHUR, NADUVATTOM P.O, KUTTIPPURAM. BY ADV. SRI.SUNNY MATHEW. RESPONDENTS/COMPLAINANT AND STATE: ---------------------------------------------------------------- 1. THE SUB INSPECTOR OF POLICE, KUTTIPPURAM POLICE STATION, MALAPPURAM DISTRICT, PIN- 676 505.
2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM- 682 031. BY PUBLIC PROSECUTOR MR.V.S. SREEJITH. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON1507-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. THOMAS P. JOSEPH, J., --------------------------------------- B.A. No.5166 OF2014--------------------------------------- Dated this the 15th day of July, 2014 ORDER
Petitioners are accused Nos. 1 to 3 in Crime No. 477 of 2014 of the Kuttippuram Police Station for the offences punishable under Sections 294(b), 323, 341, 427, 452 and Section 506(i) read with Section 34 of the Indian Penal Code, apprehend arrest and have filed the application.
2. Learned Public Prosecutor has opposed the application. It is submitted that on 16.06.2014 at the relevant time the petitioner trespassed into the office of the opposite political party and committed mischief by destroying articles therein causing loss of Rs.12,500/-. The person present in the office was assaulted. Some of the weapons are not recovered.
3. Learned counsel submits that the allegations are not true.
4. The first accused in the FIR is 'Shajahan', but name of the first petitioner given in the application is 'Shajimon'. In other aspects, description of that person in the FIR tallies with what is B.A.. No. 5166/2014 2 stated in the bail application. It is for the investigating officer to look into whether the first petitioner is the first accused in the case. Having regard to the relevant circumstance including that these petitioners are not reported to be involved in any other case from the Kuttipuram Police Station, I am inclined to grant relief as custodial interrogation of the petitioners is not required but subject to the weapon allegedly used by the second accused being seized/recovered and protecting interest of the defacto complainant as well. The application is disposed of as under:
1. Petitioners shall surrender before the officer investigating Crime No. 477 of 2014 of the Kuttippuram Police Station on 22.07.2014 at 10.00 am for interrogation.
2. In case interrogation is not completed that day, the petitioners shall appear before the officer investigating the case any other day/days and time as directed by the investigating officer.
3. In case petitioners are arrested, they shall be produced before the jurisdictional magistrate the same day.
4. On such production, the petitioners shall be released (if not required to be detained otherwise) on their executing bond of B.A.. No. 5166/2014 3 `25,000/- (Rupees twenty five thousand only) each with two sureties each 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 any of the petitioners. b. The petitioners shall surrender their passports before the learned magistrate while executing the bail bonds. In case they have none, they shall file affidavits to that effect. c. Each of the petitioners shall deposit `15,000/- (Rupees fifteen thousand only) in a nationalized bank/scheduled bank or co- operative society (initially for a period of two years and renewable as per the order of the learned magistrate) and produce the Fixed Deposit receipts before the learned magistrate while executing the bail bond. d. In case the petitioners or any of them are/is liable to pay compensation to the person who suffered damage/injury, such compensation extent possible can be realised from the amount in deposit. e. Petitioners shall report to the investigating officer 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.A.. No. 5166/2014 4 f. Petitioner shall report to the investigating officer as and when required for interrogation. g. Petitioner shall not influence or intimidate any of the witnesses. h. Petitioner shall not get involved any offence during the period of this bail. i. In case any of condition Nos.(e) to (h) is violated, it is open to the investigating officer to file application before the learned magistrate for cancellation of the bail granted hereby, as held in P.K.Shaji v.State of Kerala [AIR 2006 SC100.
5. It is made clear that if by the time the second petitioner/second accused is produced before the learned magistrate, weapon allegedly used by him is either not seized or not recovered, this order granting pre-arrest bail to the second accused/second petitioner would cease to be effective. Thereupon, it is open to the second accused/second petitioner to request for regular bail which the learned magistrate shall decide as per the law.
6. In case the petitioners or any of them are desirous to get release of the passport surrendered for any period, it is open to them to move the learned magistrate for the purpose. In case B.A.. No. 5166/2014 5 learned magistrate release the passport for any period, it is open to the learned magistrate to require additional security or impose additional conditions and if necessary, modify any of the conditions imposed on the petitioners hereby to facilitate their travel abroad for the time permitted. Sd/- THOMAS P. JOSEPH JUDGE sd // TRUE COPY // P.A. TO JUDGE