Sreejith v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI FRIDAY, THE 27TH DAY OF DECEMBER 2013/6TH POUSHA, 1935 Crl.MC.No. 6593 of 2013 --------------------------- CRL.MP NO.3166/2013 OF SESSIONS COURT,KOTTAYAM DATED 25-11-2013 CRIME NO. 514/2013 OF AYARKUNNAM POLICE STATION , KOTTAYAM .....

PETITIONER(S):ACCUSED NOS.1,2 & 3:

---------------------------------------------------------- 1.

SREEJITH, S/O.SREEDHARAN, AGED 33 YEARS, PANNAMAKKUNEEL, PUNNATHARA EAST PO, KIDANGOOR SOUTH, KOTTAYAM. 2.

RENJITH, S/O.KUMARAN, AGED 34 YEARS, KALLUVETHUKUZHI, PUNNATHARA EAST PO, KIDANGOOR SOUTH, KOTTAYAM.

3.

SAJIMON, S/O. SUKUMARAN, AGED 22 YEARS, KOLLAMYALIL, PUNNATHARA EAST PO, KIDANGOOR SOUTH, KOTTAYAM.

BY ADVS.SRI.J.VIMAL SRI.ALAN PAPALI RESPONDENT/COMPLAINANT(S):

-------------------------------------------------- STATE OF KERALA, (CRIME NO.514/2013 OF AYARKUNNAM POLICE STATION, KOTTAYAM DISTRICT) REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI - 682 031.

BY PUBLIC PROSECUTOR SRI.REJI JOSEPH THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27-12-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Kss

Crl.M.C.No.6593/2013 APPENDIX PETITIONER'S ANNEXURES:

ANNEX.1:

COPY OF THE FIRST INFORMATION STATEMENT IN CRIME NO.514/2013 OF AYARKUNNAM POLICE STATION, KOTTAYAM DISTRICT.

ANNEX.II:

COPY OF THE ORDER DATED 25/11/2013 IN CMP 3166/2013 OF SESSIONS COURT, KOTTAYAM.

RESPONDENT'S ANNEXURES:

N I L /TRUE COPY/ P.A.TO JUDGE Kss

A.V.RAMAKRISHNA PILLAI, J.

-------------------------------------------------- Crl.M.C.No.6593 of 2013 --------------------------------------------------- Dated this the 27th day of December, 2013

O R D E R

The above Crl.M.C is filed to direct the Judicial First Class Magistrate C ourt-1, Kottayam to release the petitioners on bail in Crime No.514 of 2013 of Ayarkunnam Police Station in the event of their surrender before the court and moving for bail.

2. The petitioners are implicated as accused Nos. 1, 2 and 3, alleging offences punishable under Sections 143, 147, 148, 323, 324, 341, 294(b), 506(i) read with Section 149 of the Indian Penal Code and Section 3(1) (x) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act.

3. The learned Sessions Judge by Annexure-II order granted bail to A4, A5 and A6 since they belonged to Scheduled Caste. However the bail applications of the petitioners were dismissed contending that in view of Section 18 of the Act bail application of the petitioners are not maintainable.

4. Now the petitioners seeks permission to surrender before the Judicial First Class Magistrate Court-1, Kottayam and to seek for regular bail.

Crl.M.C.No.6593 of 2013 Therefore, this petition is disposed of directing the petitioner to surrender before the Judicial First Class Magistrate Court-1, Kottayam on or before 15th January, 2014 and to move application for bail. In the event of such surrender and making an application for regular bail, the same shall be considered and disposed of on the same day itself. The learned Magistrate shall be at liberty to impose necessary conditions if the petitioners are enlarged on bail. A.V.RAMAKRISHNA PILLAI JUDGE mns/