Clinton vs State of Kerala

Type Court Judgment Court Kerala Decided Apr 30, 2019

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Citation: sooperkanoon.com/1863351
Court: Kerala High Court
Judge: Honourable Mr.Justice N.Anil Kumar
Decided On: Apr 30, 2019
Case Number: Bail Appl./1083/2019

Parties & Advocates

Appellant / Petitioner

Clinton

Respondent

State of Kerala

Excerpt

.....143, 147, 148, 294(b), 324, 341 & 395 r/w section 149 of the indian penal code.3. the prosecution case is that on 02.01.2019 at about12.10 pm, accused nos.1 to 20, who are the workers of bharathiya janatha party/rss, in furtherance of their common intention in protest to the sabarimala woman entry issue, trespassed into the defacto compalinant's shop and shouted for closing the shop and uttered abusive language. it is further alleged that the accused inflicted bodily injury to his works and destroyed glass windows and thereby caused a loss of rs.5 lakhs.3. heard the learned counsel for the petitioner and the learned public prosecutor. perused the case diary.4. after having heard both sides, it is brought out that bailwas granted to the other accused in ba no. 1803 of 2019 on 19.03.2019 by this court imposing stringent conditions. in view of the above, this court is of the view that this is a fit case for granting ..3.. pre-arrest bail to the petitioner. in the result, this application stands allowed and the respondent is directed to release the petitioner on bail in the event of his arrest in crime no. 10 of 2019 of karunagappally policestation, on condition of the petitioner executing bond for rs.30,000/- (rupees thirty thousand only) with two solvent sureties each for the like sum to the satisfaction of the station house officer of karunagappally police station, before whom the petitioner shall surrender within ten days, if not arrested in the meantime and subject to the following further conditions:1) the petitioner shall report before the investigating officer as and when required by the investigating officer for interrogation. 2) the petitioner shall not intimidate or influence the witnesses or in any way tamper with the investigation. 3) the petitioner shall not get involved in similar offences during the pendency of this case. sd/- n.anil kumar judge bka/30.04.2019

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE N.ANIL KUMAR TUESDAY, THE 30TH DAY OF APRIL 2019 / 10TH VAISAKHA, 1941 CRIME NO. 10/2019 OF KARUNAAGAPALLY POLICE STATION , KOLLAM PETITIONER/S: CLINTON AGED 30 YEARS, S/O SOUMITHRAN, RESIDING AT KADAVATHU, ALAPADU, CHERIYAZHEEKAL P.O., KARUNAGAPALLY, KOLLAM DISTRICT. BY ADVS. SRI.BINU GEORGE SMT.HEMALATHA RESPONDENT/S: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. OTHER PRESENT: SRI C N PRABHAKARAN-PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.04.2019, ALONG WITH Bail Appl..1091/2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ..2..

ORDER

This is an application for anticipatory bail filed under Section 438 Cr.P.C.

2. The petitioner is the accused in Crime No. 10 of 2019 of

Karunagappally Police Station registered for the offences punishable under Sections 143, 147, 148, 294(b), 324, 341 & 395 r/w Section 149 of the Indian Penal Code.

3. The prosecution case is that on 02.01.2019 at about

12.10 pm, accused Nos.1 to 20, who are the workers of Bharathiya Janatha Party/RSS, in furtherance of their common intention in protest to the Sabarimala woman entry issue, trespassed into the defacto compalinant's shop and shouted for closing the shop and uttered abusive language. It is further alleged that the accused inflicted bodily injury to his works and destroyed glass windows and thereby caused a loss of Rs.5 lakhs.

3. Heard the learned counsel for the petitioner and the learned Public Prosecutor. Perused the case diary.

4. After having heard both sides, it is brought out that bail

was granted to the other accused in BA No. 1803 of 2019 on 19.03.2019 by this Court imposing stringent conditions. In view of the above, this Court is of the view that this is a fit case for granting ..3.. pre-arrest bail to the petitioner. In the result, this application stands allowed and the respondent is directed to release the petitioner on bail in the event of his arrest in Crime No. 10 of 2019 of Karunagappally Police

Station, on condition of the petitioner executing bond for Rs.30,000/- (Rupees thirty thousand only) with two solvent sureties each for the like sum to the satisfaction of the Station House Officer of Karunagappally Police Station, before whom the petitioner shall surrender within ten days, if not arrested in the meantime and subject to the following further conditions:

1) The petitioner shall report before the investigating officer as and when required by the investigating officer for interrogation. 2) The petitioner shall not intimidate or influence the witnesses or in any way tamper with the investigation. 3) The petitioner shall not get involved in similar offences during the pendency of this case. Sd/- N.ANIL KUMAR JUDGE Bka/30.04.2019

Same Court & Year Kerala · 2019 Same Parties Clinton vs State of Kerala Same Judge Honourable Mr.Justice N.Anil Kumar