Judgment:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 11TH DAY OF JULY 2013 20TH ASHADHA, 1935 Bail Appl..No. 4674 of 2013 () ------------------------------- CRIME NO. 810/2013 OF MAVELIKKARA POLICE STATION, ALAPPUZHA DIST. ............ PETITIONERS/ACCUSED NOS. 1 AND 2.--------------------------------------------------------- 1. BIPIN P.PHILIP,AGED 3 YEARS, S/O. V.I. PHILIP, VETTIYADATHUPARAMBIL VEEDU, AKKANATTUKARA MURI, THAZHAKKARA VILLAGE, ALAPPUZHA DISTRICT.
2. HARICHANDRAN, AGED 2 YEARS, S/O. KUTTAN, MANDAPATHINTE KIZHAKKATHIL, NEAR KOZHIPALAM, MATTOM NORTH MURI, KANNAMANGALAM VILLAGE, ALAPPUZHA DISTRICT. BY ADVS.SRI.R.SUNIL KUMAR, SMT.A.SALINI LAL. RESPONDENTS/COMPLAINANTS: ------------------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, THROUGH SUB INSPECTOR, MAVELIKKARA. BY PUBLIC PROSECUTOR SMT.R. REMA. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11-07-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. S.S.SATHEESACHANDRAN, J ----------------------------------------- B.A.No.4674 of 2013 ----------------------------------- Dated this the 11th day of July, 2013 ORDER Petitioners are two among the accused (A1 & A2) in Crime No.810 of 2013 of Mavelikkara Police Station registered for offences punishable under Sections 341, 323, 324 and 308 r/w. Section 34 of the Indian Penal Code. They have filed the above application seeking their release on bail under Section 439 of the Code of Criminal Procedure (for short "the Code").
2. Allegation is that the above petitioners with another A3, pursuant to their common intension, assaulted the de facto complainant, at a place in front of a bar, namely 'Indraprastham' in Mavelikkara, at 10.30.p.m. on 14.06.2013, and one among the assailants, first petitioner (A1), inflicted a stab injury on the right palm of the victim striking him with a broken beer bottle. Investigation of the crime registered over the above occurrence is still continuing, and first petitioner (A1) was arrested on 15.06.2013, and 2nd petitioner (A2), the next day, on 16.06.2013. 3rd accused in the crime is yet to be apprehended.
3. Learned counsel for petitioners seeks release of petitioners on bail submitting that they are innocent and have been falsely implicated in the crime. They are prepared to abide B.A.No.4674 o”
2. by any condition imposed by this court, is the further submission of counsel. Opposing the application learned Public Prosecutor submits that both petitioners are members of a quotation gang and against them several other crimes had been previously registered at the same station. Their release on bail, at this stage, when co-accused (A3) is yet to be apprehended will not be conducive to justice, is the further submission of learned Public Prosecutor.
4. Case diary has been produced for my perusal. After looking into the materials covered by case diary with reference to the submissions made by counsel on both sides and also the period of detention already suffered by petitioners, I find they can be released on bail, at this stage, imposing conditions safeguarding investigation of the crime. One among the accused is yet to be apprehended cannot be a sustainable ground to oppose the release of other accused when they have already undergone detention for more than three weeks. Petitioners are directed to be released on bail subject to the following conditions :- i. Petitioners shall execute a bond for Rs.20,000/- (Rupees Twenty thousand only) each with two solvent B.A.No.4674 o”
3. sureties for the like sum by each of them to the satisfaction of the Judicial First Class Magistrate, Mavelikkara. ii. Petitioners shall report before the investigating officer at the Station once in a week on every Monday at a time between 10.00. a.m. and 11.00 a.m. for a period of three months or till completion of the investigation of the crime, whichever is earlier. iii. Petitioners shall not commit any offence while they continue on bail in the present crime, and if any of them does so, it is open to the magistrate/ Sessions Judge to revoke his bail without any further orders from this court, but, in accordance with law. Petition is allowed. Sd/- S.S.SATHEESACHANDRAN, JUDGE True Copy P.A.to Judge RKM