Sandeep, vs State of Kerala

Type Court Judgment Court Kerala Decided Apr 30, 2020

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Citation: sooperkanoon.com/1759070
Court: Kerala High Court
Judge: Honourable Mr.Justice V.G.Arun
Decided On: Apr 30, 2020
Case Number: Bail Appl./2062/2020

Parties & Advocates

Appellant / Petitioner

Sandeep,

Respondent

State of Kerala

Excerpt

.....day passed the following:v.g.arun, j.dated this the 30th day of april, 2020.orderthe petitioners are accused nos. 4 to 6 in crime no.126 of 2020 of alathur police station registered for offences punishable under sections 341, 332, 353 read with section 34 of the indian penal code. the prosecution allegation is that on 24.02.2020, during the course of the temple festival at manappadam in palakkad, a clash occurred between two groups of persons and when the police tried to intervene, the petitioners and others who were part of the group attacked the police.2. the learned public prosecutor would submit thataccused nos.1 to 3 were arrested from the spot and the petitioners could not be arrested because they fled from the scene. considering the fact that the scuffle had occurred during the course of a temple festival, i am inclined to grant pre-arrest bail to the petitioners but subject to following conditions:-i) in the event of the arrest of the petitioners in connection with crime no.126 of 2020 of the alathur police station, they shall be enlarged on bail on executing a bond for rs.25,000/- each with two solvent sureties for the like amount. ii) the petitioners shall not leave the jurisdiction of the alathur police station, without prior intimation to the station house officer, till the final report is submitted. v) the petitioners shall co-operate with the investigation and shall not intimidate the witnesses or tamper with the evidence.sd/- v.g.arun judge ykb/30.4.2020

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN THURSDAY, THE 30TH DAY OF APRIL 2020 / 10TH VAISAKHA, BAIL APPL.NO. 2062 OF 2020 (CRIME NO.126/2020 OF ALATHUR POLICE STATION, PALAKKAD DISTRICT.) PETITIONERS/PETITIONERS/ACCUSED NOS.4 TO 6: 1.SANDEEP, AGED 35 YEARS, S/O.SWAMINATHAN, PANAYAMPADAM VEEDU, PATTOLA, MANAPPADAM P.O, PALAKKAD. 2.MANOJKUMAR, AGED 30 YEARS, S/O.BALAN, THEKKETHIL HOUSE, PUTHUCODE P.O, PALAKKAD. 3.ABHILASH, AGED 30 YEARS, S/O.LEELA, PATHAYAPURA HOUSE, KANNAMKULAPPADAM, MANAPPADAM P.O, PALAKKAD. BY ADV. SRI. NIREESH MATHEW RESPONDENT/COMPLAINANT: STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR SRI.E.C.BINEESH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.04.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
V.G.ARUN, J.
Dated this the 30th day of April, 2020.

ORDER

The petitioners are accused Nos. 4 to 6 in Crime No.126 of 2020 of Alathur Police Station registered for offences punishable under Sections 341, 332, 353 read with Section 34 of the Indian Penal Code. The prosecution allegation is that on 24.02.2020, during the course of the temple festival at Manappadam in Palakkad, a clash occurred between two groups of persons and when the police tried to intervene, the petitioners and others who were part of the group attacked the police.

2. The learned Public Prosecutor would submit that

accused Nos.1 to 3 were arrested from the spot and the petitioners could not be arrested because they fled from the scene. Considering the fact that the scuffle had occurred during the course of a temple festival, I am inclined to grant pre-arrest bail to the petitioners but subject to following conditions:-

i) In the event of the arrest of the petitioners in connection with crime no.126 of 2020 of the Alathur Police Station, they shall be enlarged on bail on executing a bond for Rs.25,000/- each with two solvent sureties for the like amount. ii) The petitioners shall not leave the jurisdiction of the Alathur Police Station, without prior intimation to the Station House Officer, till the final report is submitted. v) The petitioners shall co-operate with the investigation and shall not intimidate the witnesses or tamper with the evidence.

Sd/- V.G.ARUN JUDGE YKB/30.4.2020

Same Court & Year Kerala · 2020 Same Parties Sandeep, vs State of Kerala Same Judge Honourable Mr.Justice V.G.Arun