Sadhirthyan @ Thankachan Vs. State of Kerala - Court Judgment

SooperKanoon Citationsooperkanoon.com/1096668
CourtKerala High Court
Decided OnNov-06-2013
JudgeHONOURABLE MR.JUSTICE THOMAS P.JOSEPH
AppellantSadhirthyan @ Thankachan
RespondentState of Kerala
Excerpt:
in the high court of kerala at ernakulam present: the honourable mr.justice thomas p.joseph wednesday, the6h day of november201315th karthika, 1935 bail appl..no. 7441 of 2013 () ------------------------------- crime no. 960/2013 of nedumkandam police station , idukki district --------------------------------------- petitioner(s)/accused: ------------------------------------ 1. sadhirthyan @ thankachan,aged58years, pandarapattathil house, pachady p.o., charalmedu kara, nedumkandam, idukki district.2. manesh,aged31years,s/o.thankachan, pandarapattathil house, pachady p.o., charalmedu kara, nedumkandam, idukki district.3. nikhil, aged23years, s/o.mohanan, wikil bhavan, pachady p.o., charalmedu kara, nedumkandam, idukki district.4. akhil, s/o.mohanan,aged20years, pachady p.o.,charalmedu kara, nedumkandam, idukki district.5. gopalakrishnan,s/o.kunjumon, aged38years, areeckal house, charalmedu kara, pachady p.o., idukki district.6. kunjumon, s/o.rajan, aged22years, mallupparayil house, pezhumkandam kara, kanchiyar p.o., idukki district.7. jaison,s/o.jaise,aged23years, elavumkal house, choolapady bhagam, thankamani villege, idukki district.8. abey, s/o.dominic, aged24years, moolapally house, neelavayal, thankamani kara, idukki district.9. v.k.prakash, s/o.karnakaran, aged50years, paruthinpara house,pezumkandam bhagam, kanchiyar, idukki district.10. manohar, s/o.damodran, aged35years, veliyil house, pehzumkandam kara, kanchiyar, idukki district. sts 2/- -2- b.a.no.7441/2013 11. jibin, s/o.raju,aged25years, thyiparambil house, pehzumkandam kara, kanchiyar, idukki district.12. g.santhosh,s/o.gopalakrishnan, aged60years, arreckal house, charalmedu kara, pachady p.o., idukki district.13. sanil, s/o.gopi, aged24years, pezhatholil house, pehzumkandam kara, kanchiyar kara, idukki district.14. arun, s/o.ravindran,aged30years, marutholil house, pezhankandom kara, kanchiyar p.o., idukki district. by adv. sri.a.c.devasia respondent/state: --------------------------------------- state of kerala, through sub inspector of police, nedumkandam, represented by the public prosecutor, high court of kerala, ernakulam-682 031. by public prosecutor smt. laliza this bail application having come up for admission on0611-2013, the court on the same day passed the following: sts thomas p. joseph, j.-------------------------------- bail appl. no.7441 of 2013 -------------------------------------------- dated this the 6th day of november 2013 order petitioners are accused nos.1to 5, 7 (name of the 7th accused is mentioned in the application as 'kunjumon' but the learned public prosecutor says that his name is 'kannan'), 10 to 16 and 18 in crime no.960 of 2013 of the nedumkandam police station for the offences punishable under secs.143, 147, 148, 323, 324, 325, 326 and 427 read with sec.149 of the indian penal code, are in custody from 29.10.2013 and pray for bail.2. learned public prosecutor has submitted that the petitioners and others formed unlawful assembly armed with deadly weapons on 15.09.2013 at about 5.30 p.m., attacked the defacto complainant, his mother and brother, voluntarily caused hurt/grevious hurt and committed mischief. it is submitted that the 3rd accused is involved in crime no.19 of 2012 of the same police station for the offences punishable under secs.376 and 366a read with sec.34 of the ipc and sec.23 of the juvenile justice (care and protection) act. accused bail appl. no.7441 of 2013 2 nos.10 and 11 are involved in crime no.343 of 2013 of the same police station for the offences under secs.143, 147, 148, 324, 307 and 427 read with sec.149 of the ipc. it also submitted that since the defacto complainant belongs to the scheduled caste, offence under the sc/st (prevention of atrocities ) act is also involved and appropriate report to that effect will be filed by the investigating officer. it is submitted that the investigation of the case is not completed.3. learned counsel submits that the 5th accused who belongs to the ezhava community married daughter of the 1st accused and on 15.09.2009, the defacto complainant and others trespassed into the house of the 1st accused and committed mischief. a case was registered only later as crime no.964 of 2013 for the offences under secs.143, 147, 148, 323, 324 and 341 read with sec.149 of the ipc. on 19.05.2013, there was a birth day party in the house of the 1st accused when the defacto complainant and others attacked the 1st accused and others. it is also submitted that marriage of the 11th accused is scheduled to be held recently. bail appl. no.7441 of 2013 3 4. having regard to the nature of offences alleged against the petitioners, that the accused nos.3,10 and 11 are involved in other serious offences and as investigation of the case is not completed, request for bail for these accused cannot be allowed.5. if the presence of the 11th accused is necessary at his residence in connection with the marriage, superintendent of the jail concerned shall make necessary arrangements to take him to the place of marriage at the relevant time with police escort for which the superintendent of jail shall make a request to the local police, and if any such request is made, the local police shall comply with the request treating it as an order passed by this court.6. it is made clear that it is open to these accused to move application for bail at a later stage after the investigation has progressed. with the above directions this application is dismissed. sd/- thomas p. joseph judge ns
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE6H DAY OF NOVEMBER201315TH KARTHIKA, 1935 Bail Appl..No. 7441 of 2013 () ------------------------------- CRIME NO. 960/2013 OF NEDUMKANDAM POLICE STATION , IDUKKI DISTRICT --------------------------------------- PETITIONER(S)/ACCUSED: ------------------------------------ 1. SADHIRTHYAN @ THANKACHAN,AGED58YEARS, PANDARAPATTATHIL HOUSE, PACHADY P.O., CHARALMEDU KARA, NEDUMKANDAM, IDUKKI DISTRICT.

2. MANESH,AGED31YEARS,S/O.THANKACHAN, PANDARAPATTATHIL HOUSE, PACHADY P.O., CHARALMEDU KARA, NEDUMKANDAM, IDUKKI DISTRICT.

3. NIKHIL, AGED23YEARS, S/O.MOHANAN, WIKIL BHAVAN, PACHADY P.O., CHARALMEDU KARA, NEDUMKANDAM, IDUKKI DISTRICT.

4. AKHIL, S/O.MOHANAN,AGED20YEARS, PACHADY P.O.,CHARALMEDU KARA, NEDUMKANDAM, IDUKKI DISTRICT.

5. GOPALAKRISHNAN,S/O.KUNJUMON, AGED38YEARS, AREECKAL HOUSE, CHARALMEDU KARA, PACHADY P.O., IDUKKI DISTRICT.

6. KUNJUMON, S/O.RAJAN, AGED22YEARS, MALLUPPARAYIL HOUSE, PEZHUMKANDAM KARA, KANCHIYAR P.O., IDUKKI DISTRICT.

7. JAISON,S/O.JAISE,AGED23YEARS, ELAVUMKAL HOUSE, CHOOLAPADY BHAGAM, THANKAMANI VILLEGE, IDUKKI DISTRICT.

8. ABEY, S/O.DOMINIC, AGED24YEARS, MOOLAPALLY HOUSE, NEELAVAYAL, THANKAMANI KARA, IDUKKI DISTRICT.

9. V.K.PRAKASH, S/O.KARNAKARAN, AGED50YEARS, PARUTHINPARA HOUSE,PEZUMKANDAM BHAGAM, KANCHIYAR, IDUKKI DISTRICT.

10. MANOHAR, S/O.DAMODRAN, AGED35YEARS, VELIYIL HOUSE, PEHZUMKANDAM KARA, KANCHIYAR, IDUKKI DISTRICT. sts 2/- -2- B.A.NO.7441/2013 11. JIBIN, S/O.RAJU,AGED25YEARS, THYIPARAMBIL HOUSE, PEHZUMKANDAM KARA, KANCHIYAR, IDUKKI DISTRICT.

12. G.SANTHOSH,S/O.GOPALAKRISHNAN, AGED60YEARS, ARRECKAL HOUSE, CHARALMEDU KARA, PACHADY P.O., IDUKKI DISTRICT.

13. SANIL, S/O.GOPI, AGED24YEARS, PEZHATHOLIL HOUSE, PEHZUMKANDAM KARA, KANCHIYAR KARA, IDUKKI DISTRICT.

14. ARUN, S/O.RAVINDRAN,AGED30YEARS, MARUTHOLIL HOUSE, PEZHANKANDOM KARA, KANCHIYAR P.O., IDUKKI DISTRICT. BY ADV. SRI.A.C.DEVASIA RESPONDENT/STATE: --------------------------------------- STATE OF KERALA, THROUGH SUB INSPECTOR OF POLICE, NEDUMKANDAM, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. BY PUBLIC PROSECUTOR SMT. LALIZA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON0611-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts THOMAS P. JOSEPH, J.

-------------------------------- Bail Appl. No.7441 of 2013 -------------------------------------------- Dated this the 6th day of November 2013 ORDER

Petitioners are accused nos.1to 5, 7 (name of the 7th accused is mentioned in the application as 'Kunjumon' but the learned Public Prosecutor says that his name is 'Kannan'), 10 to 16 and 18 in Crime No.960 of 2013 of the Nedumkandam Police station for the offences punishable under Secs.143, 147, 148, 323, 324, 325, 326 and 427 read with Sec.149 of the Indian Penal Code, are in custody from 29.10.2013 and pray for bail.

2. Learned Public Prosecutor has submitted that the petitioners and others formed unlawful assembly armed with deadly weapons on 15.09.2013 at about 5.30 p.m., attacked the defacto complainant, his mother and brother, voluntarily caused hurt/grevious hurt and committed mischief. It is submitted that the 3rd accused is involved in Crime No.19 of 2012 of the same Police station for the offences punishable under Secs.376 and 366A read with Sec.34 of the IPC and Sec.23 of the Juvenile Justice (Care and Protection) Act. Accused Bail Appl. No.7441 of 2013 2 Nos.10 and 11 are involved in Crime No.343 of 2013 of the same Police station for the offences under Secs.143, 147, 148, 324, 307 and 427 read with Sec.149 of the IPC. It also submitted that since the defacto complainant belongs to the Scheduled Caste, offence under the SC/ST (Prevention of Atrocities ) Act is also involved and appropriate report to that effect will be filed by the investigating officer. It is submitted that the investigation of the case is not completed.

3. Learned counsel submits that the 5th accused who belongs to the Ezhava community married daughter of the 1st accused and on 15.09.2009, the defacto complainant and others trespassed into the house of the 1st accused and committed mischief. A case was registered only later as Crime No.964 of 2013 for the offences under Secs.143, 147, 148, 323, 324 and 341 read with Sec.149 of the IPC. On 19.05.2013, there was a birth day party in the house of the 1st accused when the defacto complainant and others attacked the 1st accused and others. It is also submitted that marriage of the 11th accused is scheduled to be held recently. Bail Appl. No.7441 of 2013 3 4. Having regard to the nature of offences alleged against the petitioners, that the accused Nos.3,10 and 11 are involved in other serious offences and as investigation of the case is not completed, request for bail for these accused cannot be allowed.

5. If the presence of the 11th accused is necessary at his residence in connection with the marriage, Superintendent of the Jail concerned shall make necessary arrangements to take him to the place of marriage at the relevant time with Police escort for which the Superintendent of Jail shall make a request to the local Police, and if any such request is made, the local Police shall comply with the request treating it as an order passed by this Court.

6. It is made clear that it is open to these accused to move application for bail at a later stage after the investigation has progressed. With the above directions this application is dismissed. Sd/- THOMAS P. JOSEPH JUDGE NS