Binu, vs State of Kerala,

BINU, vs State of Kerala,

Type Court Judgment Court Kerala Decided Jan 31, 2019

~3 min read

https://sooperkanoon.com/case/1855330

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/1855330
Court: Kerala High Court
Judge: Honourable Mr. Justice Sunil Thomas
Decided On: Jan 31, 2019
Case Number: Bail Appl./548/2019

Parties & Advocates

Appellant / Petitioner

BINU,

Respondent

State of Kerala,

Excerpt

.....in sabarimala shrine, on 02.01.2019 several persons thronged at konni and conducted a protest march. they pelted stones at a ksrtc bus. about 8 persons were apprehended by the police. petitioners forcefully restrained the police from removing the accused from the spot. they salvaged the 1st accused and he escaped from the spot. petitioners were arrested from the spot and are in custody since then. they seek bail.2. it was reported by the learned publicprosecutor that the 1st accused stands arrayed as the 8th accused in crime no.16/2019 of konni police station. he has not yet been arrested. petitioners have no criminal antecedents. having considered these facts, i am inclined to grant bail to the petitioner. hence, the bail application is allowed on the following conditions:(i) each of the petitioner shall execute a bond for a sum of ₹50,000/- (rupees fifty thousand only) with two sureties for the like sum each to the satisfaction of the jurisdictional court.(ii) each of the petitioner, shall deposit asum of ₹3,000/- (rupees three thousand only) before the jurisdictional court within 15 working days from the date of execution of the bond. disbursement of the amounts shall be considered by the jurisdictional court at the end of trial.(iii) they shall appear before the investigating officer as and when called for.(iv) they shall not threaten, coerce or intimidate the defacto complainant and the witnesses nor shall they interfere in the process of investigation.(v) they shall not get involved in any other identical offences. sd/- sunil thomas, judge pn 31/01

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 AGAINST THE ORDER IN CRMP 156/2019 of SESSIONS COURT, PATHANAMTHITTA CRIME NO. 19/2019 OF KONNI POLICE STATION, PATHANAMTHITTA PETITIONERS/ACCUSED NOS.2 TO 8:
1 BINU, AGED 35 YEARS S/O ACHYUTHAN, PUVANNUNILKUNNATHIL IRAVON, IRAVON VILLAGE, PATHANAMTHITTA DISTRICT-689645. 2 BINU KUMAR, AGED 44 YEARS S/O GOPINATHAN NAIR, BINDHU BHAVAN, ELAKOLLUR, PRAMADOM VILLAGE, PATHANAMTHITTA DISTRICT-689645. 3 VINOD G. NAIR, AGED 50 YEARS S/O PKG NAIR, PARUVELIL HOUSE, PRAMADOM VILLAGE, PATHANAMTHITTA DISTRICT-689645. 4 JYOTHISH, AGED 39 YEARS S/O APPU, THOPPIL LAKSHAM VEEDU, IRAVON, IRAVON VILLAGE, PATHANAMTHITTA DISTRICT-689645. 5 VISHNU MOHAN, AGED 30 YEARS S/O MOHANAN PILLAI, VISHNU NIVAS, KUMMANNUR, IRAVON VILLAGE, PATHANAMTHITTA DISTRICT-689691. 6 ANEESH KUMAR, AGED 36 YEARS S/O PURUSHOTHAMAN NAIR, PUTHANVEETTIL, PAYYANAMON, KONNI THAZHAM VILLAGE, PATHANAMTHITTA DISTRICT-689692. 7 UNNIKRISHNAN NAIR, AGED 48 YEARS S/O CHELLAPPAN NAIR, KARAVELIL MANNIL HOUSE, ADAVIKKUZHI, PAYYANAMON, KONNI THAZHAM VILLAGE, PATHANAMTHITTA DISTRICT-689692. BY ADV. SRI.AJEESH K.SASI
RESPONDENT/COMPLAINANT: STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031. 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

Petitioners stand arrayed as the accused in Crime No.19/2019 of Konni Police Station, Pathanamthitta District for offences punishable under Sections 143, 147, 148, 283, 353 and 225(B) of IPC. The allegation of the prosecution is that, as a sequel to the disputes that arose in connection with the entry of women in Sabarimala Shrine, on 02.01.2019 several persons thronged at Konni and conducted a protest march. They pelted stones at a KSRTC bus. About 8 persons were apprehended by the Police. Petitioners forcefully restrained the Police from removing the accused from the spot. They salvaged the 1st accused and he escaped from the spot. Petitioners were arrested from the spot and are in custody since then. They seek bail.

2. It was reported by the learned Public

Prosecutor that the 1st accused stands arrayed as the 8th accused in Crime No.16/2019 of Konni Police Station. He has not yet been arrested. Petitioners have no criminal antecedents. Having considered these facts, I am inclined to grant bail to the petitioner. Hence, the bail application is allowed on the following conditions:

(i) Each of the petitioner shall execute a bond for a sum of ₹50,000/- (Rupees fifty thousand only) with two sureties for the like sum each to the satisfaction of the jurisdictional Court.

(ii) Each of the petitioner, shall deposit a

sum of ₹3,000/- (Rupees three thousand only) before the jurisdictional court within 15 working days from the date of execution of the bond. Disbursement of the amounts shall be considered by the jurisdictional court at the end of trial.

(iii) They shall appear before the Investigating Officer as and when called for.

(iv) They shall not threaten, coerce or intimidate the defacto complainant and the witnesses nor shall they interfere in the process of investigation.

(v) They shall not get involved in any other identical offences. Sd/- SUNIL THOMAS, JUDGE Pn 31/01

Same Court & Year Kerala · 2019 Same Parties BINU, vs State of Kerala, Same Judge Honourable Mr. Justice Sunil Thomas