Gireeshkumar vs State of Kerala

Type Court Judgment Court Kerala Decided Mar 23, 2020

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https://sooperkanoon.com/case/1752902

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Citation: sooperkanoon.com/1752902
Court: Kerala High Court
Judge: Honourable Mr. Justice P.V.Kunhikrishnan
Decided On: Mar 23, 2020
Case Number: Bail Appl./1703/2020

Parties & Advocates

Appellant / Petitioner

Gireeshkumar

Respondent

State of Kerala

Excerpt

.....government land owned by the water resource department and made constructions therein, forcefully pulled aside the complainant and police officers and accused nos.1 to 5 opened the doors of the temple situated in the property and 10th accused conducted pooja in the temple and accused nos.6 to 14 disobeyed the orders of the executive magistrate and police officers, assaulted them with intent to prevent them from discharging their duties.3. heard the learned counsel for the petitioners and the learned public prosecutor. b.a no.1703/2020 34. after hearing both sides, according to me, this is a case in which the power under section 438 cr.p.c can be invoked. it is also submitted by the learned counsel for the petitioners that the 4th accused is already released on bail by this court under section 438 cr.p.c as per the order in b.a.no.1491/2020. in the light of the above facts, this bail application is allowed on the following conditions:i) the petitioners shall surrender before the investigating officer within ten days from today. ii) in the event of their arrest they shall be released on bail on executing a bond for rs.10,000/- (rupees ten thousand only) each with two solvent sureties each for the like sum. iii) the petitioners shall appear before the investigating officer as and when required.sd/- p.v.kunhikrishnan judge ab b.a no.1703/2020 4

Full Judgment

B.A No.1703/2020 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN MONDAY, THE 23RD DAY OF MARCH 2020 / 3RD CHAITHRA, 1942 Bail Appl..No.1703 OF 2020 CRIME NO.106/2020 OF Neyyardam Police Station , Thiruvananthapuram PETITIONERS/ACCUSED NOS.2, 5, 6 & 11:
1 GIREESHKUMAR AGED 38 YEARS S/O MOHANAN, HARI NILAYAM, KIZHAKKEKONAM, MARAKKUNNAM, NEYYARDAM P.O. 2 R. VIKRAMAN, AGED 52 YEARS S/O RAMANKUTTY, VAISHNAVAM, MYLAKKARA, P.O.THIRUVANANTHAPURAM-695 572. 3 K. KUNJIRAMAN, AGED 55 YEARS S/O KUNJUKRISHNAPILLAI, SREENILAYAM, PERUMKULANGARA, NEYYARDAM P.O., 4 S.VIJUKUMAR @ BIJU, AGED 48 YEARS S/O SIVANANDAN, SREELEKSHMI, MANKARAMUTTAM, MYLAKKARA P.O, THIRUVANANTHAPURAM-695 572. BY ADV. SRI.T.U.SUJITH KUMAR
RESPONDENT/COMPLAINANT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING SUB INSPECTOR OF POLICE, NEYYAR DAM POLICE STATION IN CRIME NO 106/2020,PIN- 682 031. SRI.REMESH CHAND - PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23.03.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: B.A No.1703/2020 2

ORDER

Dated this the 23rd day of March, 2020 The petitioners are accused Nos.2, 5, 6 and 11 respectively in Crime No.106/2020 of Neyyar Dam Police Station. The above case is registered alleging offences punishable under Sections 143, 145, 147, 188, 447, 353 and 452 IPC.

2. The prosecution case is that on 21.2.2020 at about 12

noon, the petitioners along with other accused persons and around 200 identifiable persons formed an unlawful assembly and trespassed into the Government land owned by the Water Resource Department and made constructions therein, forcefully pulled aside the complainant and police officers and accused Nos.1 to 5 opened the doors of the temple situated in the property and 10th accused conducted pooja in the temple and accused Nos.6 to 14 disobeyed the orders of the Executive Magistrate and police officers, assaulted them with intent to prevent them from discharging their duties.

3. Heard the learned counsel for the petitioners and the learned Public Prosecutor. B.A No.1703/2020 3

4. After hearing both sides, according to me, this is a case in which the power under Section 438 Cr.P.C can be invoked. It is also submitted by the learned counsel for the petitioners that the 4th accused is already released on bail by this Court under Section 438 Cr.P.C as per the order in B.A.No.1491/2020. In the light of the above facts, this bail application is allowed on the following conditions:

i) The petitioners shall surrender before the investigating officer within ten days from today. ii) In the event of their arrest they shall be released on bail on executing a bond for Rs.10,000/- (Rupees ten thousand only) each with two solvent sureties each for the like sum. iii) The petitioners shall appear before the investigating officer as and when required.

Sd/- P.V.KUNHIKRISHNAN JUDGE ab B.A No.1703/2020 4

Same Court & Year Kerala · 2020 Same Parties Gireeshkumar vs State of Kerala Same Judge Honourable Mr. Justice P.V.Kunhikrishnan