Kerala High Court
Jornia vs State Of Kerala on 12 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
CRL.MC NO. 3518 OF 2024
CRIME NO.759/2020 OF Ramankary Police Station, Alappuzha
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.421 OF 2023 OF JUDICIAL
MAGISTRATE OF FIRST CLASS , RAMANKARI
PETITIONER/S:
1 JORNIA
AGED 38 YEARS
W/O SUMESH, MADATHILPARAMBU, LAKSHAMVEEDU COLONY,
RAMANKARI VILLAGE, RAMANKARI PANCHAYAT WARD NO. 1,
ALAPPUZHA, PIN - 689595
2 MOLAMMA @ SREELATHA K.G
AGED 57 YEARS
W/O ASOK KUMAR, KALATHIL HOUSE, RAMANKARI VILLAGE,
RAMANKARI PANCHAYAT WARD NO.1, ALAPPUZHA, PIN - 689595
3 SHEEJAMMA SHAJI
AGED 49 YEARS
W/O SHAJI, PUNIYATTU THAZCHIRA HOUSE, RAMANKARI
VILLAGE, RAMANKARI PANCHAYAT WARD NO.1,ALAPPUZHA, PIN -
689595
BY ADVS.
SAIBY JOSE KIDANGOOR
BENNY ANTONY PAREL
ANOOP SEBASTIAN
PRAMITHA AUGUSTINE
ADITHYA KIRAN V.E
ADRISYA S.
RESPONDENT/S:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
OTHER PRESENT:
SR PP RENJITH GEORGE
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
12.04.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC.NO.3518 Of 2024
2
A. BADHARUDEEN J.
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CRL.MC. NO. 3518 OF 2024
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Dated this the 12th day of April, 2024
O R D E R
This is a petition filed under Sec. 482 of the
Code of Criminal Procedure with a prayer to direct
Judicial First Class Magistrate Court, Ramankary to
grant bail to the petitioners when they would appear
in CC 421/2023, without insisting deposit of any
amount.
2. Heard the learned counsel for the
petitioners and the learned Public Prosecutor. At the
time of hearing, the learned counsel for the
petitioners placed an order in CRL.MC NO.1561 OF 2024
dated 14.03.2024 whereby this Court disposed the
Crl.MC filed at the instance of accused nos.2,12,,23
and 24 in the same crime. The same is extracted as
under:-
This Crl.M.C is at the instance of accused Nos.2,
12, 23 and 24, for a direction to Judicial First Class
Magistrate Court, Ramankary to grant bail to them in the
event of their appearance in CC 421/2023, without
CRL.MC.NO.3518 Of 2024
insisting deposit of any amount.
2. The petitioners stand charge sheeted under
Sections 120B, 143, 147, 148, 294(b), 506(ii), 447, 341,
323, 354, 427 and 324 read with Section 149 of IPC and
Section 4 of Kerala Prevention of Damage to Private
Property and Payment of Compensation Act, 2019 (for
short, the Act) along with 24 other accused persons.
3. x-----x----x omitted.
3. When the statute provides for depositing the
amount not less than one half of the value of property
destroyed or damaged, as a condition for granting bail
this court cannot direct the learned magistrate to
release the petitioners on bail, without any such
conditions. The petitioners can appear before learned
magistrate as per summons, and if they file an
application for regular bail, learned magistrate has to
pass appropriate orders on merit.
4. Learned counsel for the petitioners would
submit that, the provisions of the said Act is not
applicable in the case on hand. Learned magistrate has
to hear the parties, to decide as to whether the said
Act is applicable to the case, so as to impose the
conditions as envisaged under Section 8 of the said Act.
3. The learned Public Prosecutor also, on
perusal of the order, not opposed granting the same
relief to the petitioners who are the co-accused in
the same crime.
CRL.MC.NO.3518 Of 2024
In view of the above, this Crl.M.C is disposed
of in terms of the order in Crl.M.C. No. 1561 of
2024, with direction to the learned Magistrate to
hear the parties, to decide as to whether the said
Act is applicable to the case, so as to impose the
conditions as envisaged under Section 8 of the said
Act.
Sd/-
A. BADHARUDEEN
JUDGE
SM
CRL.MC.NO.3518 Of 2024
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE FINAL REPORT DATED
25.08.2021 SUBMITTED IN CRIME NO. 759/2020 OF
RAMANKARY POLICE STATION, ALAPPUZHA DISTRICT
Annexure A2 TRUE COPY OF THE FIR AND FIS IN CRIME NO.
759/2020 DATED 12.12.2020 OF RAMANKARY POLICE
STATION, ALAPPUZHA DISTRICT
Annexure A3 TRUE COPY OF THE ROUGH SKETCH PREPARED BY THE
VILLAGE OFFICER, RAMANKARY VILLAGE SHOWING
THE LIE AND NATURE OF THE ROAD IN QUESTION
Annexure A4 TRUE COPY OF THE LAND RELINQUISHMENT FORM
DATED 05.07.1995 SUBMITTED BY
KUNJULAKSHMIAMMA UNDER THE KERALA LAND
RELINQUISHMENT ACT
Annexure A5 TRUE COPY OF THE LAND RELINQUISHMENT FORM
DATED 07.04.1998 SUBMITTED BY SATHEESH UNDER
THE KERALA LAND RELINQUISHMENT ACT
Annexure A6 TRUE COPY OF THE NOTICE DATED 07.08.2009
ISSUED TO RAMANKARY GRAMA PANCHAYATH TO THE
DE FACTO COMPLAINANT
Annexure A7 TRUE COPY OF THE ORDER DATED 02.02.2021 IN
B.A. NO. 266/2021 OF THIS HON'BLE COURT
GRANTING ANTICIPATORY BAIL TO ACCUSED NOS.
4,18,25 IN CRIME NO. 759 OF 2020 OF RAMANKARY
POLICE STATION
Annexure A8 TRUE COPY OF THE ORDER DATED 02.02.2021 IN
B.A NO. 585/2021 OF THIS HON'BLE COURT
GRANTING ANTICIPATORY BAIL TO ACCUSED NOS. 1,
8, 13, 14 IN CRIME NO. 759 OF 2020 OF
RAMANKARY POLICE STATION
