Kerala High Court
Abdul Sakeer Ali vs State Of Kerala on 12 June, 2023
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. 4414 OF 2023
CRIME NO.406/2023 OF OTTAPALAM POLICE STATION, PALAKKAD
AGAINST THE ORDER/JUDGMENT IN CRMP 4832/2023 OF JUDICIAL
MAGISTRATE OF FIRST CLASS - I, OTTAPPALAM
PETITIONERS/ACCUSED NOS.1 TO 3:
1 ABDUL SAKEER ALI,
AGED 35 YEARS
SON OF ABOOBACKER, AKKAPARAMBIL VEEDU,
CHERUMUNDASSERY, AMBALAPPARA, PALAKKAD, PIN - 670104
2 SANEESHKUMAR,
AGED 35 YEARS
S/O. SATHYAN, THOTTAKKULANGARAVEEDU, CHUNANGAD,
AMBALAPPARA, PALAKKAD DISTRICT, PIN - 679511
3 MITHUN
AGED 29 YEARS
S/O. RAMACHANDRAN, KOTTEKKATTILVEEDU,
4TH MILE, VARODE, OTTAPALAM,
PALAKKAD DISTRICT, PIN - 679102
BY ADVS.
P.M.ZIRAJ
IRFAN ZIRAJ
RESPONDENTS/COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA AT ERNAKULAM, PIN - 682031
2 SUB INSPECTOR OF POLICE,
OTTAPALAM POLICE STATION,
PALAKKAD DISTRICT, PIN - 679101
BY SRI.P.G.MANU, SR.PUBLIC PROSESCUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
12.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 4414 OF 2023
2
BECHU KURIAN THOMAS, J.
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B.A.No. 4414 of 2023
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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.406/2023 before the Ottapalam Police Station, Palakkad
district. The offences alleged against the petitioners are under
sections 143, 147, 148, 343, 323, 294(b), 506 and 427 r/w Section
149 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, the Tipper Lorry
Association had called for a strike and the defacto complainant,
who was the driver of a lorry belonging to a Redimix Company,
drove the vehicle on that day, contrary to the call for strike. The
accused persons, pursuant to their common object and to prevent
BAIL APPL. NO. 4414 OF 2023
the running of the lorry driven by the defacto complainant, formed
themselves into an unlawful assembly and after restraining the
lorry bearing registration No.KL-41-J-9971, abused him and with
intent to kill the driver, forcefully removed the cement mixtures
from the lorry, causing a loss of Rs.1,00,000/- (Rupees one lakh
only) to the defacto complainant and thereby committed the
offences alleged.
4. I have heard Sri.P.M.Ziraj, the learned counsel for the
petitioners and Sri.P.G.Manu, 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.
BAIL APPL. NO. 4414 OF 2023
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.
7. As per the First Information Report and the Police
Report, the cement stored in the Redimix lorry is alleged to have
been completely destroyed and the loss is quantified at
Rs.1,00,000/- (Rupees one lakh 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.50,000/- (Rupees fifty
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.
BAIL APPL. NO. 4414 OF 2023
(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 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. 4414 OF 2023
APPENDIX OF BAIL APPL. 4414/2023
PETITIONER ANNEXURES
Annexure-1 TRUE COPY OF THE FIRST INFORMATION
REPORT IN CRIME NO. 406 OF 2023 OF
OTTAPALAM POLICE STATION
Annexure-2 TRUE COPY OF THE ORDER DATED 30.5.2023
IN CRL.MP NO.4832 OF 2023 ON THE FILE
OF JUDICIAL FIRST-CLASS MAGISTRATE
COURT-I, OTTAPALAM
