Full Judgment
BA 7470/2023 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. SATURDAY, THE 30TH DAY OF SEPTEMBER 2023 / 8TH ASWINA, 1945 BAIL APPL. NO. 7470 OF 2023 AGAINST THE ORDER/JUDGMENT CRMC 554/2023 OF ADDITIONAL SESSIONS COURT (ADHOC)- II, THALASSERY CRIME NO.9/2023 OF KARIKKOTTAKKARI POLICE STATION PETITIONERS/ACCUSED 2, 3 & 8:
1 JOHN.P.M, AGED 64 YEARS S/O. MATHEW, PINNAKKINATTU HOUSE, P.O. EDAPUZHA, IRITTY TALUK, PIN - 670704 2 MATHEW.P.M, AGED 66 YEARS S/O. MATHEW,PINNAKKINATTU HOUSE, P.O. EDAPUZHA, IRITTY TALUK, PIN - 3 JACOB.P.K, AGED 50 YEARS S/O.KURUVILA, PINNAKINATTU HOUSE, EDAPUZHA P.O, IRITTY TALUK, PIN - BY ADVS. K.V.PAVITHRAN JAYANANDAN MADAYI PUTHIYAVEETTIL JITHIN S SUNDARAN ADARSH KURIAN ABHILASH MATHOOR ANWIN JOHN ANTONY
RESPONDENTS/STATE & DEFACTO COMPLAINANT : STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM, PIN - 682031 SR.PP SRI. P.G. MANU (MAMALASSERY) THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27.9.2023, THE COURT ON 30.09.2023 PASSED THE FOLLOWING: BA 7470/2023 2 MOHAMMED NIAS C.P., J ............................................................ Bail Application No.7470 of 2023 ........................................................... Dated this the 30th September, 2023
ORDER
This is an application filed under Section 438 of the Code of Criminal Procedure 1973, seeking pre-arrest bail.
2. Petitioners are accused Nos.1 to 8 in crime No.9/2023 of Karikkottakkari police station. The offences alleged against the accused are punishable under Sections 143, 147, 341, 323, and 353 read with 149 of the Indian Penal Code.
3. The prosecution allegation is that on 04.01.2023 at 10.30 hours, accused
Nos.1 to 8 formed themselves into an unlawful assembly and committed rioting at Edappuzha in Karikkottakkari and, in prosecution of their common object, wrongfully restrained the de facto complainant, a Commissioner appointed by Court, who had gone to the place of incident to comply with the court order, and voluntarily caused hurt to him and prevented him from discharging his official duties.
4. The petitioners submit that they objected to the inspection by the commission
on the ground that the parties to the suit had no right over the property in question and that the filing of the application for the appointment of Commissioner was with a malafide intention. The suit itself is to claim right over a property that is not in the possession of the plaintiff or defendant in the suit.
5. Heard the learned Public Prosecutor who opposed the application. BA 7470/2023 3
6. It is to be noted that the fact that the petitioners objected to the inspection
by the Commissioner is almost admitted. Being an officer of the court, the advocate Commissioner could not have been prevented from doing his duty that was directed by the court. The petitioners should have taken recourse to law if they had any grievance about the inspection and should not have attempted to physically prevent the officer of the Court on whose complaint the crime was registered. The action of the petitioners cannot be viewed lightly. Under the said circumstances, I am not inclined to grant an order of anticipatory bail despite some accused getting anticipatory bail from this court in BA 3736/2023.
7. Accordingly, I dismiss the request for anticipatory bail. Therefore, the following directions are issued:- In the event the petitioners surrender before the Investigating Officer in two
weeks, they shall be interrogated and, thereafter, shall be produced before the Magistrate having jurisdiction on the date of surrender itself. If the petitioners move for bail, the court below shall, untrammelled by any of the observations in this order, consider the bail application on merits as expeditiously as possible. If the petitioners do not surrender before the Investigating Officer, as directed above, the Investigating Officer will be free to arrest the petitioners as if no order has been passed in this case.
The bail application is disposed of as above. Sd/- MOHAMMED NIAS C.P., JUDGE okb/ //True Copy// P.S. to Judge BA 7470/2023 4 APPENDIX OF BAIL APPL. 7470/2023 PETITIONER ANNEXURES Annexure A1 THE TRUE COPY OF THE ORDER DATE 25/04/2023 OF THE SESSIONS COURT, THALASSERY IN CRL.M.C 554 OF 2023 Annexure A2 TRUE COPY OF THE FIRST INFORMATION REPORT DATE.05/01/2023 IN CRIME NO 9 OF 2023 OF KARIKOTTAKARI POLICE STATION