Manikandan Vs. State of Kerala - Court Judgment

SooperKanoon Citationsooperkanoon.com/1165226
CourtKerala High Court
Decided OnSep-29-2014
JudgeHONOURABLE MR. JUSTICE A.HARIPRASAD
AppellantManikandan
RespondentState of Kerala
Excerpt:
in the high court of kerala at ernakulam present: the honourable mr. justice a.hariprasad monday,the29h day of september20147th aswina, 1936 bail appl..no. 6320 of 2014 -------------------------------------- crime no. 2181/2013 of palakkad town south police station , palakkad --------------- petitioner(s)/accused14& 15: ------------------------------------------------- 1. manikandan, aged40years, s/o.velunni, kattiramkadveedu, kannanur, kuzhalmannam, palakkad district.2. syamalan, aged50years, s/o.arumughan, kattiramkadveedu, kannanur kuzhalmannam, palakkad district. by advs.sri.p.vijaya bhanu (sr.) sri.vipin narayan respondent(s)/complainant: ------------------------------------------------ state of kerala, represented by public prosecutor, high court of kerala, ernakulam - 682 031. by senior public prosecutor sri.c.rasheed this bail application having come up for admission on2909-2014, the court on the same day passed the following: pj a.hariprasad, j.------------------------------------------------ b.a no.6320 of 2014 ------------------------------------------------ dated this the 29th day of september, 2014. order application for bail under section 439 cr.p.c. petitioners are accused 14 and 15 in crime no.2181/2013 of town south police station, palakkad. they are involved in offences punishable under sections 118, 120b and 302 r/w section 34 i.p.c.2. prosecution case, in short, is that on 18-11-2013, at 10.25 a.m, accused 5 and 6 attacked deceased prakasan, a remand prisoner, while he was being taken to court in police escort. he was hacked to death by the accused persons. the prosecution case is that these petitioners are the mastermind behind the killing of the deceased.3. heard the learned senior counsel for the petitioners, learned public prosecutor and the learned counsel appearing for the intervener. b.a no.6320 of 2014 2 4. learned senior counsel for the petitioners submitted that all other accused persons, including the persons against whom overt acts are alleged, have been released on bail. the bail orders passed by this court in respect of accused 11 and 12 were also produced. learned counsel appearing for the intervener submitted that if the petitioners were released on bail, they will cause threat to the wife of the deceased and her son. apart from that, the petitioners are highly influential leaders of a party in the local area. the 15th accused is the vice president of a panchayath. therefore, the counsel opposed grant of bail to the petitioners.5. learned public prosecutor submitted that the prosecution has a definite case that these petitioners are the kingpins in the incident. according to their planning, the operation was done. considering the fact that the final report in respect of other accused have been filed and some of the b.a no.6320 of 2014 3 accused had already been released on default bail and also that the investigation in respect of these petitioners has advanced to a considerable extent, i grant bail to the petitioners with following strict conditions :1. each petitioners shall be released on bail on executing a bond for rs.50,000/- (rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the judicial first class magistrate court - iii, palakkad.2. the sureties shall produce documents to establish their identity and solvency.3. the petitioners shall appear before the investigating officer on all mondays and thursdays between 9.00 and 10.00 a.m until final report is filed.4. the 15th accused being the vice president of kuzhalmannam panchayath shall not enter the limits of kuzhalmannan police station, except for the purpose of appearing before b.a no.6320 of 2014 4 the investigating officer and also for participating in the panchayath meeting.5. the 14th accused shall only enter the limits of kuzhalmannan police station for the purpose of appearing before the investigating officer.6. the 15th accused shall enter the limits of kuzhalmannan police station for attending panchayath meetings only with prior permission of the investigating officer.7. the petitioners shall not indulge in any offence while on bail.8. the petitioners shall not influence or intimidate the witnesses or meddle with the investigation in any manner.9. if any of the above conditions is breached by the petitioners, the learned magistrate is free to cancel their bail without referring the matter to this court. a.hariprasad, judge. amk
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE A.HARIPRASAD MONDAY,THE29H DAY OF SEPTEMBER20147TH ASWINA, 1936 Bail Appl..No. 6320 of 2014 -------------------------------------- CRIME NO. 2181/2013 OF PALAKKAD TOWN SOUTH POLICE STATION , PALAKKAD --------------- PETITIONER(S)/ACCUSED14& 15: ------------------------------------------------- 1. MANIKANDAN, AGED40YEARS, S/O.VELUNNI, KATTIRAMKADVEEDU, KANNANUR, KUZHALMANNAM, PALAKKAD DISTRICT.

2. SYAMALAN, AGED50YEARS, S/O.ARUMUGHAN, KATTIRAMKADVEEDU, KANNANUR KUZHALMANNAM, PALAKKAD DISTRICT. BY ADVS.SRI.P.VIJAYA BHANU (SR.) SRI.VIPIN NARAYAN RESPONDENT(S)/COMPLAINANT: ------------------------------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031. BY SENIOR PUBLIC PROSECUTOR SRI.C.RASHEED THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON2909-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ A.HARIPRASAD, J.

------------------------------------------------ B.A No.6320 of 2014 ------------------------------------------------ Dated this the 29th day of September, 2014. ORDER

Application for bail under Section 439 Cr.P.C. Petitioners are accused 14 and 15 in Crime No.2181/2013 of Town South Police Station, Palakkad. They are involved in offences punishable under Sections 118, 120B and 302 r/w Section 34 I.P.C.

2. Prosecution case, in short, is that on 18-11-2013, at 10.25 a.m, accused 5 and 6 attacked deceased Prakasan, a remand prisoner, while he was being taken to court in police escort. He was hacked to death by the accused persons. The prosecution case is that these petitioners are the mastermind behind the killing of the deceased.

3. Heard the learned Senior counsel for the petitioners, learned Public Prosecutor and the learned counsel appearing for the intervener. B.A No.6320 of 2014 2 4. Learned Senior counsel for the petitioners submitted that all other accused persons, including the persons against whom overt acts are alleged, have been released on bail. The bail orders passed by this Court in respect of accused 11 and 12 were also produced. Learned counsel appearing for the intervener submitted that if the petitioners were released on bail, they will cause threat to the wife of the deceased and her son. Apart from that, the petitioners are highly influential leaders of a party in the local area. The 15th accused is the Vice President of a Panchayath. Therefore, the counsel opposed grant of bail to the petitioners.

5. Learned Public Prosecutor submitted that the prosecution has a definite case that these petitioners are the kingpins in the incident. According to their planning, the operation was done. Considering the fact that the final report in respect of other accused have been filed and some of the B.A No.6320 of 2014 3 accused had already been released on default bail and also that the investigation in respect of these petitioners has advanced to a considerable extent, I grant bail to the petitioners with following strict conditions :

1. Each petitioners shall be released on bail on executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the Judicial First Class Magistrate Court - III, Palakkad.

2. The sureties shall produce documents to establish their identity and solvency.

3. The petitioners shall appear before the Investigating Officer on all Mondays and Thursdays between 9.00 and 10.00 a.m until final report is filed.

4. The 15th accused being the Vice President of Kuzhalmannam Panchayath shall not enter the limits of Kuzhalmannan Police Station, except for the purpose of appearing before B.A No.6320 of 2014 4 the Investigating Officer and also for participating in the Panchayath meeting.

5. The 14th accused shall only enter the limits of Kuzhalmannan Police Station for the purpose of appearing before the Investigating Officer.

6. The 15th accused shall enter the limits of Kuzhalmannan Police Station for attending Panchayath meetings only with prior permission of the Investigating Officer.

7. The petitioners shall not indulge in any offence while on bail.

8. The petitioners shall not influence or intimidate the witnesses or meddle with the investigation in any manner.

9. If any of the above conditions is breached by the petitioners, the learned Magistrate is free to cancel their bail without referring the matter to this Court. A.HARIPRASAD, JUDGE. amk