IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 5882 of 2008()
1. BIJU, S/O SUKUMARAN, AGED 28 YEARS,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.NIREESH MATHEW
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :22/09/2008
O R D E R
K. HEMA, J.
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Bail Appl.No. 5882 of 2008
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Dated this the 22nd day of September, 2008.
ORDER
Petition for bail.
2. The alleged offence is under Sections 427, 436 read
with Section 34 of IPC. The petitioner was granted bail during crime
stage and thereafter petitioner was arrested, when the case was taken
taken on file as C.P.No.27/2007, after filing of the charge-sheet.
3. Learned counsel for the petitioner submitted that the
petitioner did not receive any summons issued from the court, but he
was arrested and produced before the court. It is brought to my notice
that during the crime stage, petitioner was arrested from his house
and taken to police station and brutally manhandled. In connection
with the said incident, his mother lodged a complaint, as Annexure-C,
before the Human Rights Commission. Therefore, police deliberately
failed to the summons on the petitioner, with a view to harass the
petitioner, it is submitted. The petitioner did not appear before the
court only because he did not receive the summons. He had no
intention to abscond, it is submitted.
[B.A.No.5882/08] 2
4. It is also pointed out that petitioner is an
accused in C.C.No.874/2006 and he is on bail in that case. But, the
bail application filed by the petitioner in this case was rejected on the
basis of the report that the petitioner is a terror in the locality and
enlargement on bail will affect the peaceful atmosphere of the
residents of the locality. It is submitted by learned counsel for the
petitioner that petitioner was involved in only two crimes and that too,
in the year 2006, and thereafter, no crime is registered against him
and he is not involved in any crime. Even according to police, there is
only one more case, and both the cases are of the year 2006. But he
was picturised as a terror etc., only because of the enmity of the
police against the petitioner, in view of the complaint lodged before
the Human Rights Commission, as Annexure-C.
5. On hearing both sides, I am satisfied that bail can be
granted to the petitioner. This petition is not opposed also.
Hence, bail is granted to the petitioner on his
executing a bond for Rs.50,000/- with two solvent
sureties each for the like sum to the satisfaction of the
committal court.
Petition is allowed.
K. HEMA, JUDGE.
Krs.