Shaji R. Vs. State of Kerala - Court Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH THURSDAY, THE3D DAY OF JULY2014/12TH ASHADHA, 1936 Bail Appl..No. 2326 of 2014 ------------------------------- CRIME NO. 191/2014 OF NADAKKAVU POLICE STATION , KOZHIKODE PETITIONERS/ACCUSED NO.1-4: ---------------------------------------------- 1. SHAJI R., AGED28YEARS S/O.RAJAN, AARANGOTTU PARAMBA HOUSE, MUTHALAKKULAM KASABA AMSOM DESOM, KOZHIKKODU DISTRICT.

2. RATHEESH M., AGED41YEARS S/O.RAMAN, KATTUVAYAI COLONY P.O., ERANHIPALAM KACHERI AMSOM DESOM, KOZHIKKODU DISTRICT.

3. NOUFAL P.K., AGED36YEARS S/O.KOYAKUTTY, NOUFAL MANZIL, A.G.ROAD AANAKKULAM, NAGARAM AMSOM DESOM, KOZHIKKODU DISTRICT.

4. SUDEER KUMAR K.S., AGED41YEARS S/O.KRISHNAN, KRIPA NIVAS, KATTUVAYAL COLONY, ERANHIPALAM, KACHERI AMSOM DESOM, KOZHIKKODU DISTRICT. BY ADV. SRI.K.S.ARUN KUMAR RESPONDENT/RESPONDENT: -------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON0307-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: AS THOMAS P.JOSEPH, J.

==================================== B.A. No.2326 of 2014 ==================================== Dated this the 03rd day of July, 2014 ORDER

Petitioners are accused 1 to 4 in Crime No.191 of 2014 of the Nadakkavu Police Station for the offences punishable under Sections 341, 323, 324, 326 and 506(i) read with Sec.34 of the Indian Penal Code, apprehend arrest and have filed this application.

2. Learned Public Prosecutor has opposed the application. It is submitted that due to a dispute over flex board installed by the opposite political party on 28.02.2014, these accused attacked the de facto complainant and another with reaper, stone, etc., and caused hurt/grievous hurt to them. It is reported that petitioners are not involved in any other case from the Nadakkavu Police Station. 3 Learned counsel submitted that the allegations are not true. It is also submitted that the de facto complainant and others attacked the petitioners.

4. Having regard to the relevant circumstances stated above, I am satisfied that custodial interrogation of the petitioners B.A. No.2326 of 2014 -:

2. :- is not required. At the same time I must protect the interest of the injured as well. Application is allowed as under: (i) Petitioners shall surrender before the the Officer investigating Crime No.191 of 2014 of the Nadakkav Police Station on 14.07.2014 at 10.00 a.m for interrogation. (ii) If interrogation of the petitioners is not completed that day, they shall appear before the officer investigating the case on the day/days and time as directed by him which the petitioners shall comply. (iii) In case arrest of the petitioners is recorded, they shall be produced before the jurisdictional magistrate the same day. (iv) On such production, the petitioners shall be released (if not required to be detained otherwise) on bail on their executing bond for Rs.20,000/- (Rupees twenty thousand only) each with two sureties each for the like sum each to the satisfaction of the learned magistrate and subject to the following conditions: (a) One of the sureties shall be a close relative of any of the petitioners. B.A. No.2326 of 2014 -:

3. :- (b) Petitioners shall jointly deposit Rs.15,000/- (Rupees Fifteen thousand only) in a Nationalized/Scheduled Bank or Co- operative Society initially for a period of two years (renewable as per order of the learned magistrate) and produce the Fixed Deposit Receipt before the learned magistrate while executing the bail bonds. (c) In case the petitioners or any of them are/is made liable to pay compensation, such compensation to the extent possible can be realized from the amount in deposit. (d) Petitioners shall report to the Officer investigating the case on every alternate Saturday between 10.00 a.m and 12.00 p.m for a period of two months and until final report is filed, whichever is earlier. (e) Petitioners shall report to the officer investigating the case as and when required for interrogation at all reasonable time and place. (f) Petitioners shall not get involved in any offence during the period of this bail. (g) Petitioners shall not intimidate or influence the witnesses. B.A. No.2326 of 2014 -:

4. :- (v) In case the petitioners violate any of conditions (d) to (g), it is open to the investigating Officer to move the learned magistrate for cancellation of the bail as held in P.K.Shaji v. State of Kerala (AIR2006SC100. Sd/- THOMAS P. JOSEPH, JUDGE. vsv True Copy P S to Judge