Saneeshkumar vs State Of Kerala
2023 Latest Caselaw 6193 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
            THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
        MONDAY, THE 12TH DAY OF JUNE 2023 / 22ND JYAISHTA, 1945
                      BAIL APPL. NO. 4418 OF 2023
        CRIME NO.511/2023 OF OTTAPALAM POLICE STATION, PALAKKAD
     AGAINST THE ORDER/JUDGMENT IN CRMP 4818/2023 OF JUDICIAL
               MAGISTRATE OF FIRST CLASS - I, OTTAPPALAM
PETITIONERS/ACCUSED NOS.1 TO 3
     1     SANEESHKUMAR
           AGED 35 YEARS, S/O. SATHYAN,
           THOTTAKKULANGARA VEEDU, CHUNANGAD,
           AMBALAPPARA, PALAKKAD DISTRICT, PIN - 679511

    2       ABDUL SAKEER ALI
            AGED 35 YEARS, S/O.ABOOBACKER,
            AKKAPARAMBIL VEEDU, CHERUMUNDASSERY, AMBALAPPARA,
            PALAKKAD DISTRICT, PIN - 679104

    3       MUHAMMED ASHRAF
            AGED 37 YEARS, S/O.ABOOBACKER, KULACHALIL HOUSE,
            VARODE (P.O), OTTAPPALAM, PIN - 678572

            BY ADVS.
            P.M.ZIRAJ
            IRFAN ZIRAJ


RESPONDENTS/COMPLAINANT:
     1     STATE OF KERALA
           REP. BY PUBLIC PROSECUTOR,
           HIGH COURT OF KERALA AT ERNAKULAM, PIN - 682031

    2       SUB INSPECTOR OF POLICE
            OTTAPALAM POLICE STATION,
            PALAKKAD DISTRICT, PIN - 679101

            BY SMT.SREEJA V, PUBLIC PROSECUTOR

     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION           ON
12.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NO. 4418 OF 2023
                                      2




                  BECHU KURIAN THOMAS, J.
             ---------------------------------------------------
                        B.A.No. 4418 of 2023
             ----------------------------------------------------
               Dated this the 12th day of June, 2023


                                ORDER

This is an application for regular bail filed under section 439

of the Code of Criminal Procedure 1973.

2. Petitioners are accused Nos.1 to 3 in Crime

No.511/2023 before the Ottapalam Police Station, Palakkad

district. The offences alleged against the petitioners are under

sections 341, 324, 452, 392 and 427 r/w Section 34 of the Indian

Penal Code, 1860 apart from Sections 3 and 5 of the Kerala

Prevention of Damage to Private Property and Payment of

Compensation Act, 2019.

3. According to the prosecution, on 26.05.2023 at 05.30

hours, the accused restrained vehicles from entering into an

establishment by the name 'PPK Granite' by closing its entrance

with a lorry and thereafter trespassed into the company and BAIL APPL. NO. 4418 OF 2023

destroyed various articles, causing a loss of Rs.2,50,000/- (Rupees

two lakh fifty thousand only) and also took the mobile phone of the

defacto complainant after assaulting them using a wooden stick

and thereby committed the offences alleged.

4. I have heard Sri.P.M.Ziraj, the learned counsel for the

petitioners and Smt.Sreeja V, the learned Public Prosecutor.

5. As per Section 8 of the Kerala Prevention of Damage to

Private Property and Payment of Compensation Act, 2019, no

person accused under Section 5 or Section 6 shall be released on

bail on execution of bond by two sureties and depositing in the

Court the amount not less than one half the value of the property

destroyed or damaged as may be determined by Court on the

basis of police report or on furnishing bank guarantee for the said

amount and the prosecution has been given an opportunity to

oppose the application.

6. The learned Public Prosecutor opposed the application

for bail, contending that without deposit of the amount

contemplated under Section 8 of the Act, the petitioners ought not

to be released on bail.

BAIL APPL. NO. 4418 OF 2023

7. As per the First Information Report and the Police

Report, the loss is quantified at Rs.2,50,000/- (Rupees two lakh

fifty thousand only). Taking note of the period of detention of the

petitioners from 26.05.2023, I am of the view that the petitioners

can be released on bail. However, in view of Section 8 of the Act,

under specific conditions:

8. In the result, this application is allowed on the following

conditions:-

(a) Petitioners shall be released on bail on them executing a bond for Rs.50,000/- (Rupees fifty thousand only) each, with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

(b) Petitioners shall deposit Rs.1,25,000/- (Rupees one lakh twenty five thousand only) in the Government Treasury and produce the receipt before the jurisdictional court.

(c) Petitioners shall appear before the Investigating Officer as and when required.

(c) Petitioners shall not intimidate or attempt to influence the witnesses; nor shall they tamper with the evidence.

(d) Petitioners shall not commit any similar offences while they are on bail.

(e) Petitioners shall not leave India without the permission of the Court having jurisdiction.

In case of violation of any of the above conditions, the

jurisdictional Court shall be empowered to consider the application BAIL APPL. NO. 4418 OF 2023

for cancellation, if any, and pass appropriate orders in accordance

with the law, notwithstanding the bail having been granted by this

Court.

Sd/-

BECHU KURIAN THOMAS JUDGE nkr BAIL APPL. NO. 4418 OF 2023

APPENDIX OF BAIL APPL. 4418/2023

PETITIONER ANNEXURES

Annexure-1 TRUE COPY OF THE ORDER DATED 31.5.2023 IN CRL.MP NO.4818 OF 2023 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, OTTAPALAM

Annexure-2 TRUE COPY OF THE STOP MEMO DATED 30.5.2023 ISSUED BY EXECUTIVE ENGINEER OF IRRIGATION DEPARTMENT KPIP SECTION IV OTTAPPALAM