Kerala High Court
Balakrishnan vs State Of Kerala on 7 July, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
BAIL APPL. NO. 1345 OF 2022
CRIME NO.129/2022 OF HILL PALACE POLICE STATION,ERNAKULAM
PETITIONERS/ACCUSED:
1 BALAKRISHNAN
AGED 62 YEARS, S/O RAMAR, RESIDING AT FLAT NO.8
E, HEERA LIFE STYLE APARTMENT, REFINERY ROAD,
IRUMBANAM P.O., TRIPUNITHURA, ERNAKULAM 682 309
2 N G RAMAKRISHNAN
AGED 68 YEARS, S/O NEELAKANDAN GOPALAN NAIR,
FLAT NO 3 F, HEERA LIFE STYLE APARTMENTS,
REFINERY ROAD, IRUMBANAM P.O., TRIPUNITHURA,
ERNAKULAM 682 309.
BY ADVS.
THOMAS T.VARGHESE
PHILIP T.VARGHESE
ACHU SUBHA ABRAHAM
V.T.LITHA
K.R.MONISHA
SHRUTHI SARA JACOB
SREENATH VIJAYARAGHAVAN
ARJUN RAJA P.C.
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
2 THE STATION HOUSE OFFICER,
HILL PALACE POLICE STATION, THRIPUNITHURA,
ERNAKULAM 682301, PIN - 682301
BY ADV
PP - SMT. NIMA JACOB
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 07.07.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
BA. No.1345/2022
..2..
ORDER
Dated this the 07th day of July, 2022
This is an application for Anticipatory Bail.
2. The petitioners are accused in Crime No.129/2022
of Hill Palace Police Station, Thripunithura alleging commission
of offences punishable under Sections 406, 427, 448 and 34 of
the IPC.
3. The prosecution case is that, the petitioners
trespassed into the flat owned by the de facto complainant and
made unauthorized construction thereby causing a loss of
Rupees thirty lakhs. The case of the petitioners is that, they
are the Secretary and President of the apartment owner's
association of Heera Life Style Apartment at Thripunithura.
Petitioners relying on Anxs.A2 and A3 submitted that the
unauthorized construction done by the builder only and the
petitioners have absolutely no role as alleged by the
prosecution.
4. Heard the learned Public Prosecutor also.
5. When the matter was taken up for consideration on
17.02.2022 an order has been issued by this Court not to
BA. No.1345/2022
..3..
arrest the petitioners and the same is in force even now. It is
also submitted that the petitioners have no other criminal
antecedents.
6. Having regard to the facts and circumstances of the
case, considering the nature of the allegation, I am inclined to
grant anticipatory bail to the petitioners, subject to stringent
conditions. In the result, the bail application is allowed. In
the event of arrest of the petitioners in Crime No.129/2022 of
Hill Palace Police Station, Thripunithura they shall be released
on bail, subject to the following conditions:
(i) Petitioners shall execute bond for a sum
of Rs.50,000/- (Rupees fifty thousand only)
with two solvent sureties each for the like-
sum to the satisfaction of the Jurisdictional
Court;
(ii) Petitioners shall appear before the
investigating officer in Crime No.129/2022 of
Hill Palace Police Station, Thripunithura, as
and when required and the petitioners shall
co-operate with the investigation;
(iii) The Petitioners shall not attempt to
BA. No.1345/2022
..4..
(contact the victim or the de facto
complainant) or interfere with the
investigation or to influence or intimidate any
witness in Crime No.129/2022 of Hill Palace
Police Station, Thripunithura;
(iv) The Petitioner shall not involve in any
other crime while on bail.
If any of the aforesaid conditions are violated, the
investigating officer in Crime No.129/2022 of Hill Palace Police
Station, Thripunithura may file an application before the
jurisdictional Court, for cancellation of bail.
It is made clear that it is within the power of the police to
investigate the matter and if necessary to effect recoveries on
the information if any given by any of the petitioners even
when the petitioners are on bail as per the judgment of the
Apex Court in Sushila Aggarwal and others v. State (NCT of
Delhi) and another (2020 (1) KHC 663).
Sd/-
VIJU ABRAHAM,
JUDGE
ded/07.07.2022
