Kerala High Court
Bail Appl./7499/2009 of SREEJITH K.V. AND OTHERS Vs THE STATE OF KERALA on 30 December 2009
HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 30TH DECEMBER 2009 / 9TH POUSHA 1931 Bail Appl..No. 7499 of 2009() ----------------------------- C.M.P.NOS.4571/2009 AND 4664/2009 OF JUDICIAL MAGISTRATE OF FIRST CLASS-II, HOSDURG IN CRIME
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE P.BHAVADASAN
WEDNESDAY, THE 30TH DECEMBER 2009 / 9TH POUSHA 1931
Bail Appl..No. 7499 of 2009()
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C.M.P.NOS.4571/2009 AND 4664/2009 OF JUDICIAL MAGISTRATE OF FIRST CLASS-II,HOSDURG IN CRIME NO.424/2009 OF BEKAL POLICE STATION, KASARAGOD DISTRICT
PETITIONERS: ACCUSED NO.1-5:
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1. SREEJITH K.V., AGED 24 YEARS,
S/O.BHASKARAN, KIZHAKKE VALAPPU,
PALLIKARA II VILLAGE, KASARGODE DISTRICT.
2. SHAIJU P.V., AGED 20 YEARS,
S/O.BHASKARAN, KIZHAKKE VALAPPU,
PALLIKARA II VILLAGE, KASARGODE DISTRICT.
3. KANNAN P.N., AGED 26 YEARS,
S/O.NARAYANAN, RESIDING NEAR AMBIKA AUDITORIAM, PALAKUNNU, KASARGODE DISTRICT.
4. MANI @ MANIRAJ, AGED 27 YEARS,
S/O.APPAKUNHI, CHAMATHOTTIYIL, PALLAM, P.O.UDMA, KASARGODE DISTRICT.
5. MANOJ, AGED 24 YEARS, S/O.KUNHIKANNAN, VADAKKE VEEDU, PALAKUNNU, P.O.BEKAL, KASARGODE DISTRICT.
BY ADV. SRI.JAWAHAR JOSE
RESPONDENT(S): STATE
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THE STATE OF KERALA, REPRESENTED BY
PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
PUBLIC PROSECUTOR, SHRI SALIM P.A
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 30/12/2009, ALONG WITH B.A.NO.7511/2009, THE COURT ON THE
SAME DAY PASSED THE FOLLOWING:
- - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. Nos. 7499/2009-F & 7511/2009-B
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of December, 2009.
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ORDER
These are applications filed under Section 439 of CriminalProcedure Code seeking bail.
2. Petitioners in B.A.No.7499/2009 are accused Nos.1 to 5
in Crime No.424/2009 of Bekal Police Station for having committedthe offences punishable under Sections 143, 147, 148, 323, 324, 353,332, 308 read with S.149 of the Indian Penal Code and petitioners inB.A.No.7511/2009 are accused Nos.1 to 5 in Crime No.425/2009 of thesame police station for having committed the offences punishable underSections 143, 147, 148, 452, 324, 308, 427 read with S.149 of theIndian Penal Code.
3. The allegation is that on 29/11/2009, at about 8.55 p.m.,the petitioners formed an unlawful assembly with weapons creatingnuisance in the area and also attacked the police party. They havealleged to have caused destruction to the shops in the area also.Petitioners 1 to 3 in B.A.No.7499/2009 were arrested on 30/11/2009and petitioners 4 and 5 in B.A.No.7499/2009 surrendered before theCourt concerned on 02/12/2009. The petitioners claim that they areinnocent and they have been falsely implicated and the allegations against them are untrue. They also submit that even if the allegations aretrue, their continued custody is unnecessary.
4. The learned Public Prosecutor vehemently opposed theapplications. It is pointed out by him that it is sequel of political clash andthe matter have to be viewed seriously.
5. The Case Diary was made available for perusal. It is seen fromthe records that two persons were injured in the incident and the injurycertificate shows that the injuries are minor in nature. The petitioners havebeen in custody for a sufficient period. It is found that their continuedcustody is unnecessary and therefore, bail can be granted.
The applications are allowed as follows:
i) Each of the petitioners shall be released on bail on each of them executing a bond for Rs.10,000/- (Rupees ten thousand only) in eachcrime with two solvent sureties each for the like sum to the satisfaction ofthe JFCM concerned.
ii) Each of the petitioners shall report before the investigatingofficer on every Wednesday between 10 a.m. and 11 a.m. till final report islaid in each crime .
iii) Petitioners shall not tamper or attempt to tamper with theevidence or influence or try to influence the witnesses.
P. BHAVADASAN,
JUDGE