IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 5381 of 2006()
1. P.K.VALSAN @ VALSAN THILIANGERY,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
For Petitioner :SRI.P.S.SREEDHARAN PILLAI
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice J.M.JAMES
Dated :12/09/2006
O R D E R
J.M.JAMES, J.
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B.A. 5381/2006
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DATED THIS THE 12TH DAY OF SEPTEMBER, 2006
O R D E R
The petitioner is before this Court, under
Section 439 Cr.P.C., as the fourteenth accused in crime
No.167/2006 of Iritty Police Station, for the offence
punishable under Sections 143, 147, 148 and 302 IPC read
with Section 149 IPC and also under Section 3 and 5 of the
Explosive Substance Act and 27(1) of the Indian Arms Act.
2. On two occasions, the petitioner was granted
bail, as per the order dated 19.7.2006 and 16.8.2006, in
connection with the cremation of his father as well as the
40th day obituary ceremonies connected with the demise of
his father. He was arrested on 3.7.2006. Except those
nineteen days, when he was on bail, he is in judicial
custody for the last 52 days.
3. The learned counsel submitted that the
petitioner is under police protection because of the order
of the Government, as he had been the worker of the
B.A.5381/2006
2
R.S.S and the Hindu Iykya Vedi. The offence alleged
against him is more so under Section 120B IPC, despite
the other sections of the offence. It is also submitted
that the petitioner is a person, who is running a parallel
college at Iritty.
4. The learned Public Prosecutor, however,
submitted that there is a tension in the locality and the
petitioner being an important person in the organisation
of R.S.S., as well as Hindu Iykya Vedi, the release of the
petitioner may adversely affect the situation in the
locality. The prosecution further submitted that the
petitioner may not be allowed to enter the Sessions
division of Kannur for sometime.
5. After hearing the submissions, in detail,
made by either side, I grant bail and release the
petitioner from jail, subject to the following conditions:-
(a). The petitioner shall execute a bond
for Rs.25,000/-, with two solvent sureties,
each for the like sum, to the satisfaction
of the Judicial Magistrate of First Class,
Mattannur.
B.A.5381/2006
3
(b). Immediately on release, the
petitioner shall report before the
Investigating Officer of Iritty police
Station, who is investigating crime
No.167/2006, and from there he shall go
out of the sessions division of Kannur.
(c). The petitioner shall not enter the
sessions division of Kannur, for a period
of three months.
(d). The petitioner shall furnish the
address of his residence to the
Investigating Officer of the nearest police
station, within which limit he would
reside for the above period of three
months.
(e). The petitioner shall report before
the S.H.O of the police station, where he
would reside for the above said period.
(f). On completion of the period of three
months, he shall report before the
Investigating Officer of Iritty police
Station, on the first working day of every
month, between 10.00 a.m and 11.00
B.A.5381/2006
4
a.m., till the final trial and disposal of the
sessions case, by the competent Court of
law.
The application is allowed as above.
J.M.JAMES
JUDGE
mrcs