Clinton, vs State of Kerala,

Type Court Judgment Court Kerala Decided Apr 30, 2019

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Citation: sooperkanoon.com/1863742
Court: Kerala High Court
Judge: Honourable Mr.Justice N.Anil Kumar
Decided On: Apr 30, 2019
Case Number: Bail Appl./1091/2019

Parties & Advocates

Appellant / Petitioner

Clinton,

Respondent

State of Kerala,

Excerpt

.....02.01.2019 at about 12.45 noon, the accused nos. 1 to 3, who are the workers of bharathiya janatha party/rss, along with 30 others, in furtherance of their common intention in protest to the sabarimala women entry issue, trespassed into the defacto complainant's shop near karunagappally mahadeva temple and shouted for closing the shop utteringfilthy language. it is further alleged that the accused destroyed the window panes and thereby caused a loss of rs.3,50,000/- and robbed-3- rs.75,000/-.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 on the same set of facts, anticipatory bail was granted to the other accused in crime no. 16 of 2019 of the karunagappally police station by order dated 19.03.2019 in b.a. no. 1813 of 2019.5. having considered the facts and circumstances of the case, this is a fit case for extending the same benefit to the petitioner as well.6. in the result, this application stands allowed and the respondent is directed to release the petitioner on bail in the event of his arrest -4-in crime no. 16 of 2019 of the karunagappally police station, on condition of the petitioner executing a bond for rs.30,000/- (rupees thirtythousand 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 petitioners 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. -5-3. the petitioner shall not get involved.....

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. 16/2019 OF Karunaagapally Police Station , Kollam PETITIONER/ACCUSED (STATUS NOT KNOWN): CLINTON, AGED 30 YEARS (ST(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. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.04.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: -2-

O R D E R

The petitioner is the accused in Crime No. 16 of 2019 of the Karunagappally Police Station registered for the offences punishable under Sections 143, 147, 148, 294(b), 395 and 427 read with Section 149 of the Indian Penal Code.

2. The prosecution case in brief is that

on 02.01.2019 at about 12.45 noon, the accused Nos. 1 to 3, who are the workers of Bharathiya Janatha Party/RSS, along with 30 others, in furtherance of their common intention in protest to the Sabarimala women entry issue, trespassed into the defacto complainant's shop near Karunagappally Mahadeva Temple and shouted for closing the shop uttering

filthy language.           It is further alleged that the
accused    destroyed       the     window     panes   and   thereby
caused     a     loss      of     Rs.3,50,000/-       and    robbed

-3- Rs.75,000/-.

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 on the same set of facts, anticipatory bail was granted to the other accused in Crime No. 16 of 2019 of the Karunagappally Police Station by order dated 19.03.2019 in B.A. No. 1813 of 2019.

5. Having considered the facts and circumstances of the case, this is a fit case for extending the same benefit to the petitioner as well.

6. In the result, this application stands allowed and the respondent is directed to release the petitioner on bail in the event of his arrest -4-

in    Crime    No.      16    of     2019    of    the     Karunagappally
Police       Station,        on     condition      of    the    petitioner
executing      a     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 petitioners 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. -5-

3. The petitioner shall not get involved in similar offences during the pendency of this case. Sd/- N.ANIL KUMAR Ds 30.04.2019 JUDGE

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