Nanu Vs. State of Kerala - Court Judgment

SooperKanoon Citationsooperkanoon.com/1142672
CourtKerala High Court
Decided OnMay-27-2014
JudgeHONOURABLE MR.JUSTICE THOMAS P.JOSEPH
AppellantNanu
RespondentState of Kerala
Excerpt:
in the high court of kerala at ernakulam present: the honourable mr.justice thomas p.joseph tuesday,the27h day of may20146th jyaishta, 1936 bail appl..no. 2112 of 2014 () ------------------------------- crime no. 960/2013 of kuttiady police station , kozhikode district ------------------------------------ petitioners/accused nos.51,53 & 54: -------------------------------------------------------------- 1. nanu, aged59years, s/o.onakkan, vengoremmal p.o, cheekonnu, kozhikode district.2. sudheesh edonemmal, aged29years, s/o nanu, edonemmal (h), thinoor p.o, kozhikode district.3. aneesh, aged35years, s/o kumaran, kuyitherimmal (h), kandoth kani, naripatta p.o, kozhikode district. by advs.sri.p.n.sukumaran sri.k.a.anas respondent: ------------------------ state of kerala, rep. by the public prosecutor, high court of kerala, ernakulam. by public prosecutor sri.c.rasheed this bail application having come up for admission on2705-2014,along with ba.no.2310 of2014and connected cases, the court on the same day passed the following: sts thomas p. joseph, j.-------------------------------- bail appl. nos.2112, 2842, 2310 & 3459 of 2014 -------------------------------------------- dated this the 27th day of may 2014 order these applications arise from crime no.960 of 2013 of the kuttiyady police station for the offences punishable under secs.143, 147, 148, 109, 120b, 324, 307 and 302 read with sec.149 of the indian penal code and secs. 3 and 5 of the explosives substances act.2. b.a. no.2112 of 2014 is filed by accused nos.51, 53 and 54. b.a. no.2842 of 2014 is filed by accused nos.50 and 52. b.a. no.2310 of 2014 is filed by accused no.55. b.a. no.3459 of 2014 is filed by accused nos.14, 15, 22 to 24, 26 to 31, 36, 38 to 40, 45, 47 to 49 and 57 to 59. they apprehend arrest and have filed these applications.3. learned public prosecutor has opposed the applications. it is submitted that on 16.12.2013 at about 5.30 p.m., workers of the hindu aikya vedi were conducting a dharna near the kyveli bus stand. while so, about 200 persons belonging to a political party went bail appl. nos.2112, 2842, 2310 & 3459 of 2014 2 there in procession and attacked the protesters. some among them burst steel bombs and threw stones. one of the protesters suffered injury and succumbed to it.4. accused nos. 50 and 52 were granted pre arrest bail as per order dated 12.03.2014 in b.a. no.1719 of 2014 for a limited period.5. in b.a. nos.2112 of 2014 and 2310 of 2014, this court passed an interim order on 27.03.2014 and 03.04.2014 respectively granting pre arrest bail for a period of one month. the accused in those applications were questioned by the investigating officer.6. on hearing both sides, it appears to me that the role attributed to the accused in these applications is that they were members of the unlawful assembly. in other words, they are attempted to be roped it by virtue of sec.149 of the ipc. in the circumstances, i am inclined to think that custodial interrogation of these accused is not required. hence, i am inclined to allow these applications. bail appl. nos.2112, 2842, 2310 & 3459 of 2014 3 the applications are allowed as under.1. the accused in these applications shall surrender before the officer investigating crime no.960 of 2013 of the kuttiyady police station on 03.06.2014 at 10.00 am for interrogation.2. in case interrogation of these accused is not completed that day, it is open to the investigating officer to direct presence of them on any other day/days and time which these accused shall comply.3. in case the accused in these applications are arrested or otherwise taken to custody, they shall be produced before the jurisdictional magistrate the same day.4. on such production, learned magistrate shall release these accused on bail ( if not required to be detained otherwise) on their executing bond for rs.25,000/- (rupees twenty five thousand only) each with two bail appl. nos.2112, 2842, 2310 & 3459 of 2014 4 sureties each for the like sum each to the satisfaction of the learned magistrate and subject to the following conditions: a) these accused shall report to the investigating officer on every alternate saturday between 10.00 am and 12.00 pm for a period of two months or until filing of the final report, whichever is earlier. b) these accused shall report to the investigating officer as and when required for interrogation. c) these accused shall not get involved any offence during the period of this bail. d) these accused (except accused nos.50 and 52) shall not enter the local limits of the kuttiyadi police station until otherwise ordered by and except with the permission of the learned magistrate ( until committal of the case if any and thereafter by the learned principal sessions judge concerned) unless it bail appl. nos.2112, 2842, 2310 & 3459 of 2014 5 is to attend any court. e) all these accused shall not intimidate or influence the witnesses. f) in case any of the above conditions is violated, it is open to the investigating officer to file application before the learned magistrate/ principal sessions judge as aforesaid for cancellation of the bail granted hereby, as held in p.k. shaji v. state of kerala (air2006sc100. sd/- thomas p. joseph judge /true copy / ns p.a. to judge
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH TUESDAY,THE27H DAY OF MAY20146TH JYAISHTA, 1936 Bail Appl..No. 2112 of 2014 () ------------------------------- CRIME NO. 960/2013 OF KUTTIADY POLICE STATION , KOZHIKODE DISTRICT ------------------------------------ PETITIONERS/ACCUSED NOS.51,53 & 54: -------------------------------------------------------------- 1. NANU, AGED59YEARS, S/O.ONAKKAN, VENGOREMMAL P.O, CHEEKONNU, KOZHIKODE DISTRICT.

2. SUDHEESH EDONEMMAL, AGED29YEARS, S/O NANU, EDONEMMAL (H), THINOOR P.O, KOZHIKODE DISTRICT.

3. ANEESH, AGED35YEARS, S/O KUMARAN, KUYITHERIMMAL (H), KANDOTH KANI, NARIPATTA P.O, KOZHIKODE DISTRICT. BY ADVS.SRI.P.N.SUKUMARAN SRI.K.A.ANAS RESPONDENT: ------------------------ STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.C.RASHEED THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON2705-2014,ALONG WITH BA.NO.2310 OF2014AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts THOMAS P. JOSEPH, J.

-------------------------------- Bail Appl. Nos.2112, 2842, 2310 & 3459 of 2014 -------------------------------------------- Dated this the 27th day of May 2014 ORDER

These applications arise from Crime No.960 of 2013 of the Kuttiyady Police station for the offences punishable under Secs.143, 147, 148, 109, 120B, 324, 307 and 302 read with Sec.149 of the Indian Penal Code and Secs. 3 and 5 of the Explosives Substances Act.

2. B.A. No.2112 of 2014 is filed by accused nos.51, 53 and 54. B.A. No.2842 of 2014 is filed by accused nos.50 and 52. B.A. No.2310 of 2014 is filed by accused no.55. B.A. No.3459 of 2014 is filed by accused nos.14, 15, 22 to 24, 26 to 31, 36, 38 to 40, 45, 47 to 49 and 57 to 59. They apprehend arrest and have filed these applications.

3. Learned Public Prosecutor has opposed the applications. It is submitted that on 16.12.2013 at about 5.30 p.m., workers of the Hindu Aikya Vedi were conducting a dharna near the Kyveli bus stand. While so, about 200 persons belonging to a political party went Bail Appl. Nos.2112, 2842, 2310 & 3459 of 2014 2 there in procession and attacked the protesters. Some among them burst steel bombs and threw stones. One of the protesters suffered injury and succumbed to it.

4. Accused Nos. 50 and 52 were granted pre arrest bail as per order dated 12.03.2014 in B.A. No.1719 of 2014 for a limited period.

5. In B.A. Nos.2112 of 2014 and 2310 of 2014, this Court passed an interim order on 27.03.2014 and 03.04.2014 respectively granting pre arrest bail for a period of one month. The accused in those applications were questioned by the investigating officer.

6. On hearing both sides, it appears to me that the role attributed to the accused in these applications is that they were members of the unlawful assembly. In other words, they are attempted to be roped it by virtue of Sec.149 of the IPC. In the circumstances, I am inclined to think that custodial interrogation of these accused is not required. Hence, I am inclined to allow these applications. Bail Appl. Nos.2112, 2842, 2310 & 3459 of 2014 3 The applications are allowed as under.

1. The accused in these applications shall surrender before the officer investigating Crime No.960 of 2013 of the Kuttiyady Police station on 03.06.2014 at 10.00 am for interrogation.

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

3. In case the accused in these applications are arrested or otherwise taken to custody, they shall be produced before the jurisdictional magistrate the same day.

4. On such production, learned magistrate shall release these accused on bail ( if not required to be detained otherwise) on their executing bond for Rs.25,000/- (Rupees twenty five thousand only) each with two Bail Appl. Nos.2112, 2842, 2310 & 3459 of 2014 4 sureties each for the like sum each to the satisfaction of the learned magistrate and subject to the following conditions: a) These accused shall report to the investigating officer on every alternate Saturday between 10.00 am and 12.00 pm for a period of two months or until filing of the final report, whichever is earlier. b) These accused shall report to the investigating officer as and when required for interrogation. c) These accused shall not get involved any offence during the period of this bail. d) These accused (except accused nos.50 and 52) shall not enter the local limits of the Kuttiyadi Police station until otherwise ordered by and except with the permission of the learned magistrate ( until committal of the case if any and thereafter by the learned Principal Sessions Judge concerned) unless it Bail Appl. Nos.2112, 2842, 2310 & 3459 of 2014 5 is to attend any Court. e) All these accused shall not intimidate or influence the witnesses. f) In case any of the above conditions is violated, it is open to the investigating officer to file application before the learned magistrate/ Principal Sessions Judge as aforesaid for cancellation of the bail granted hereby, as held in P.K. Shaji V. State of Kerala (AIR2006SC100. Sd/- THOMAS P. JOSEPH JUDGE /True Copy / NS P.A. To Judge