Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE SUNIL THOMAS FRIDAY ,THE 22ND DAY OF FEBRUARY 2019 / 3RD PHALGUNA, 1940 Bail Appl..No. 1095 of 2019 CRIME NO. 15/2019 OF KARUNAAGAPALLY POLICE STATION , KOLLAM PETITIONER/ACCUSED(STATUS NOT KNOWN): CLINTON AGED 30 YEARS (STATUS NOT KNOWN), 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-682031. SRI.SAJJU.S . PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22.02.2019, ALONG WITH BA.NO.1100/2019,THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE SUNIL THOMAS FRIDAY ,THE 22ND DAY OF FEBRUARY 2019 / 3RD PHALGUNA, CRIME NO. 14/2019 OF KARUNAAGAPALLY POLICE STATION , KOLLAM PETITIONER/ACCUSED(STATUS NOT KNOWN): CLINTON AGED 30 YEARS (STATUS NOT KNOWN)S/O.SOUMITHRAN,R/AT KADAVATHU,ALAPADU,CHERIYAZHEEKKAL.P.O, KARUNAGAPPALLY,KOLLAM DISTRICT. BY ADVS. SRI.BINU GEORGE SMT.HEMALATHA RESPONDENT/STATE: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA-682031. SRI.SAJJU.S. PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22.02.2019, ALONG WITH BA.NO.1095/2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: COMMONORDER
The petitioner herein apprehends arrest in crime No.14/2019 and 15/2019 both of Karunagappally Police Station, Kollam District, for offences punishable under sections 143, 147, 148, 427, 324, 294(b), 395, 451 and 149 of the Indian Penal Code.
2. According to the prosecution, on 2.1.2019 at
about 12.30 hours, accused Nos.1 to 4 along with 30 other persons, formed into an unlawful assembly, protesting against the entry of women in sabarimala and proceeded along the road. They shouted slogans and compelled the
shop owners to close down the shops. Damages were caused to the properties, which was calculated at Rs.2,00,000/- (Rupees two lakhs only). A sum of
Rs.29,400/- (Rupees twenty nine thousand four hundred only) was also robbed. Crime No.14/2019 was accordingly registered.
3. In Crime No.15/2019 of the same police station,
the allegation of the prosecution is that on the same day, the petitioner carried out procession and caused damages to the property quantified at Rs.1,75,000/- (Rupees one lakh seventy five thousand only). They allegedly robbed Rs.30,000/- (Rupees thirty thousand only) from a shop.
4. In Crime No.14/2019, the petitioner stands arrayed as the 11th accused and Crime No.15/2019, the petitioner stands arrayed as the 9th accused.
5. Having regard to the nature of allegations, I feel that a custodial interrogation may not be absolutely essential. Hence, I am inclined to grant bail to the petitioner on the following conditions:
(i) Petitioner shall appear before the investigation officer within ten days from today and shall undergo
interrogation. After interrogation, identification and recovery, if any, if he is proposed to be arrested, he shall be released on bail on executing a bond for a sum of Rs.40,000/- (Rupees forty thousand only) with two sureties for the like sum each. He shall execute separate bail bond in each of the above crimes, though common sureties can be offered in both cases.
(ii) The petitioner shall deposit a sum of Rs.20,000/-
(Rupees twenty thousand only) as the portion of the compensation for damages caused in both the cases consolidated together, before the Jurisdictional Court, within 15 working days from the date of execution of the bond. Further direction regarding the release of the amount can be considered by the trial court after the evidence.
(iii) He shall appear before the investigating officer on all Wednesdays between 9 am and 10 am for a period of two months, from the date of execution of the bond.
(iv) He shall not threaten, coerce or intimidate the defacto complainant or the witnesses.
(v) He shall not get involved in any other identical
offence and the involvement if any, will be a ground for cancellation of bail. Anticipatory bail applications are allowed as above. Sd/- SUNIL THOMAS, JUDGE R.AV //True Copy// PA to Judge