Praveen T.P. Vs. State of Kerala - Court Judgment

SooperKanoon Citationsooperkanoon.com/1097791
CourtKerala High Court
Decided OnNov-11-2013
JudgeHONOURABLE MR.JUSTICE THOMAS P.JOSEPH
AppellantPraveen T.P.
RespondentState of Kerala
Excerpt:
in the high court of kerala at ernakulam present: the honourable mr.justice thomas p.joseph monday,the11h day of november201320th karthika, 1935 bail appl..no. 7465 of 2013 () ------------------------------- crime no. 598/2013 of kaliyar police station , idukki ----------- petitioner/accused: ---------------------------------- praveen t.p., aged19years, s/o. prakash, thozhilam kunnel house, mullaringad, vannappuram village, thodupuzha taluk. by adv. sri.a.c.devasia respondent/state: -------------------------------- state of kerala, through sub inspector of police, kaliyar police station, thodupuzha, represented by public prosecutor, high court of kerala, ernakulam. by public prosecutor smt.laliza this bail application having come up for admission on1111-2013, the court on the same day passed the following: pj thomas p. joseph, j.-------------------------------- bail appl. no.7465 of 2013 -------------------------------------------- dated this the 11th day of november 2013 order petitioner is the 3rd accused, in crime no.598 of 2013 of the kaliyar police station for the offences punishable under secs.427, 308, 332 and 506(i) of the indian penal code and sec.3(1) of the pdpp act, apprehends arrest and has filed this application.2. case is that on 13.10.2013, the petitioner and accused nos.1 and 2, riding a motor cycle, over took a k.s.r.t.c. bus, blocked it and assaulted its conductor and driver. the 1st accused is said to have hit the driver on his head with a stone.3. i have heard the learned counsel for the petitioner and the learned public prosecutor.4. since the allegation against the petitioner, apart from his sharing the (alleged) common intention is that he throttled the conductor of the k.s.r.t.c. bus, i am inclined to grant relief but subject to conditions. resultantly, the application is allowed as under. bail appl. no.7465 of 2013 2 1. petitioner shall surrender before the officer investigating crime no.598 of 2013 of the kaliyar police station on 16.11.2013 at 10.00 am for interrogation.2. in case interrogation of the petitioner is not completed that day, it is open to the investigating officer to direct presence of the petitioner on any other day/days and time which the petitioner shall comply.3. in case arrest of the petitioner is recorded, he shall be produced before the jurisdictional magistrate the same day.4. on such production, learned magistrate shall release the petitioner on bail on his executing bond for rs.15,000/- (rupees fifteen thousand only) with two sureties each for the like sum each to the satisfaction of the learned magistrate and subject to the following conditions: a) petitioner shall deposit rs.3,000/- bail appl. no.7465 of 2013 3 (rupees three thousand only) in his name in a nationalised bank initially for a period of two years (renewable as per the order of the learned magistrate) and produce the fixed deposit receipt before the learned magistrate while executing the bail bond. b) in case compensation is awarded to the conductor or driver of the bus, such compensation could be realised from the amount in deposit. (c) one of the sureties shall be the father of the petitioner. (d) petitioner shall not get involved in any offence during the period of this bail. (e) petitioner and his father shall file affidavits before the learned magistrate while executing the bail bond that the petitioner will not get involved any offence during the period of this bail. (f) petitioner shall report to the bail appl. no.7465 of 2013 4 investigating officer as and when required for interrogation. (g) petitioner shall co-operate with the investigation of the case. (h) in case any of condition nos.(d), (f) and (g) is violated, it is open to the investigating officer to file application before the learned magistrate for cancellation of the bail granted hereby, as held in p.k. shaji v. state of kerala (air2006sc100. sd/- thomas p. joseph judge ns
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH MONDAY,THE11H DAY OF NOVEMBER201320TH KARTHIKA, 1935 Bail Appl..No. 7465 of 2013 () ------------------------------- CRIME NO. 598/2013 OF KALIYAR POLICE STATION , IDUKKI ----------- PETITIONER/ACCUSED: ---------------------------------- PRAVEEN T.P., AGED19YEARS, S/O. PRAKASH, THOZHILAM KUNNEL HOUSE, MULLARINGAD, VANNAPPURAM VILLAGE, THODUPUZHA TALUK. BY ADV. SRI.A.C.DEVASIA RESPONDENT/STATE: -------------------------------- STATE OF KERALA, THROUGH SUB INSPECTOR OF POLICE, KALIYAR POLICE STATION, THODUPUZHA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT.LALIZA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON1111-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ THOMAS P. JOSEPH, J.

-------------------------------- Bail Appl. No.7465 of 2013 -------------------------------------------- Dated this the 11th day of November 2013 ORDER

Petitioner is the 3rd accused, in Crime No.598 of 2013 of the Kaliyar Police station for the offences punishable under Secs.427, 308, 332 and 506(i) of the Indian Penal Code and Sec.3(1) of the PDPP Act, apprehends arrest and has filed this application.

2. Case is that on 13.10.2013, the petitioner and accused Nos.1 and 2, riding a motor cycle, over took a K.S.R.T.C. bus, blocked it and assaulted its conductor and driver. The 1st accused is said to have hit the driver on his head with a stone.

3. I have heard the learned counsel for the petitioner and the learned Public Prosecutor.

4. Since the allegation against the petitioner, apart from his sharing the (alleged) common intention is that he throttled the conductor of the K.S.R.T.C. bus, I am inclined to grant relief but subject to conditions. Resultantly, the application is allowed as under. Bail Appl. No.7465 of 2013 2 1. Petitioner shall surrender before the officer investigating Crime No.598 of 2013 of the Kaliyar Police Station on 16.11.2013 at 10.00 am for interrogation.

2. In case interrogation of the petitioner is not completed that day, it is open to the investigating officer to direct presence of the petitioner on any other day/days and time which the petitioner shall comply.

3. In case arrest of the petitioner is recorded, he shall be produced before the jurisdictional magistrate the same day.

4. On such production, learned magistrate shall release the petitioner on bail on his executing bond for Rs.15,000/- (Rupees fifteen thousand only) with two sureties each for the like sum each to the satisfaction of the learned magistrate and subject to the following conditions: a) Petitioner shall deposit Rs.3,000/- Bail Appl. No.7465 of 2013 3 (Rupees three thousand only) in his name in a nationalised bank initially for a period of two years (renewable as per the order of the learned magistrate) and produce the Fixed Deposit receipt before the learned magistrate while executing the bail bond. b) In case compensation is awarded to the conductor or driver of the bus, such compensation could be realised from the amount in deposit. (c) One of the sureties shall be the father of the petitioner. (d) Petitioner shall not get involved in any offence during the period of this bail. (e) Petitioner and his father shall file affidavits before the learned magistrate while executing the bail bond that the petitioner will not get involved any offence during the period of this bail. (f) Petitioner shall report to the Bail Appl. No.7465 of 2013 4 investigating officer as and when required for interrogation. (g) Petitioner shall co-operate with the investigation of the case. (h) In case any of condition Nos.(d), (f) and (g) is violated, it is open to the investigating officer to file application before the learned magistrate for cancellation of the bail granted hereby, as held in P.K. Shaji V. State of Kerala (AIR2006SC100. Sd/- THOMAS P. JOSEPH JUDGE NS