Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE SUNIL THOMAS THURSDAY ,THE 31ST DAY OF JANUARY 2019 / 11TH MAGHA, 1940 CRIME NO. 08/2019 OF Karunaagapally Police Station , Kollam PETITIONER/7TH ACCUSED: CLINTON, AGED 30 YEARS (A7), S/O SOUMITHRAN, R/AT KADAVATHU, ALAPADU, CHERIYAZHEEKAL P.O., KARUNAGAPALLY, KOLLAM DISTRICT. BY ADVS. SRI.BINU GEORGE SMT.HEMALATHA RESPONDENT/STATE: STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031. OTHER PRESENT: PP S SAJJU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31.01.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
O R D E R
The petitioner herein stands arrayed as accused no.7 in crime no.8/2019 of Karunagapally police station for offences punishable under Sections 143, 147, 148, 353, 332, 188, 183, 307, 149 of IPC and under Section 3(1), 4 of Prevention of Damages to Public Property Act, 1984 and u/s. 27 of Arms Act.
2. According to the prosecution, on 02.01.2019 at 1 p.m
the petitioner along with several other persons formed into an unlawful assembly and forcefully closed down the shops in Karunagapally. They also obstructed the police from discharging their official duties. It is alleged that they pelted stones at the police and they sustained injuries. It is reported that eight police officers sustained minor injuries though one sustained a lacerated wound. Damage to the tune of Rs.50,000/- was caused. The petitioner apprehends arrest.
3. It was contended by the learned counsel for the petitioner that he is innocent and is falsely implicated. He was not at the place and he has been wrongly implicated for political reasons.
4. It is reported that CDR shows that the petitioner was
at the spot which was within the tower location as confirmed by the CDR. The petitioner is stated to be named in the FIS itself. Though the allegation against the petitioner herein is serious, I am inclined to grant bail to the petitioner in the absence of any criminal antecedents, however on the strict conditions as follows:
(i) The petitioner shall surrender before the investigating
officer within ten days from today. After interrogation and identification, if any, if they are proposed to be arrested, they shall be released on bail on executing a bond for a sum of ₹40,000/- (Rupees forty thousand only) with two sureties for the like sum each to the satisfaction of the jurisdictional Court.
(ii) He shall appear before the Investigating officer on all Mondays and Fridays between 9.00 a.m. and 10.00 a.m. for a period of three months from the date of execution of the bond.
(iii) He shall not threaten, coerce or intimidate the defacto complainant or the witnesses.
(iv) He shall not get involved in any other crime.
(v) He shall deposit a sum of Rs.5,000/- (Rupees five
thousand only) within a period of fifteen working days from today before the trial court, which shall be an essential condition of granting bail. The trial court shall consider the disbursement of the amount on the basis of the evidence. Sd/- SUNIL THOMAS shg JUDGE