Judgment:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH MONDAY,THE31T DAY OF MARCH201410TH CHAITHRA, 1936 Bail Appl..No. 2209 of 2014 () ------------------------------- CRIME NO. 374/2014 OF TOWN SOUTH POLICE STATION ,PALAKKAD, PALAKKAD DISTRICT ---------------------- PETITIONERS/ACCUSED NO2& 4: ---------------------------------------------------- 1. PRAJEETH.R, AGED29YEARS,S/O.C.RADHAKRISHNAN, KUNNAMKADU HOUSE, KINASSERY POST, PALAKKAD DISTRICT.
2. PRASANTH.R, AGED26YEARS, S/O. C.RADHAKRISHNAN, KUNNAMKADU HOUSE, KINASSERY POST,PALAKKAD DISTRICT. BY ADV. SRI.R.HARISHANKAR RESPONDENTS/STATE/COMPLAINANT: ----------------------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM -682 031 2. THE SUB INSPECTOR OF POLICE, TOWN SOUTH POLICE STATION, PALAKKAD, PALAKKAD DISTRICT, PIN -678 001 R1 & R2 BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON3103-2014,ALONG WITH BA.NO.2210 OF2014 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts THOMAS P. JOSEPH. J.
========================= B.A Nos. 2209 and 2210 of 2014 ============================ Dated this the 31st day of March, 2014 ORDER
These applications arise from Crime No. 374 of 2014 of the Palakkad Town South Police Station for the offences punishable under Secs.323, 324 and 308 r/w. Sec. 34 of the Penal Code. Accused 2 and 4 have filed B.A. No. 2209 of 2014 for pre-arrest bail. Accused 1 and 3 who are in custody from 11.03.2014 seek regular bail in B.A. No. 2210 of 2014.
2. Applications are opposed. Learned Public Prosecutor has submitted that the accused, on 06.03.2014 at about 11:15 p.m. attacked the de facto complainant and others with iron rod for the reason of the de facto complainant and others questioning conduct of these accused in smashing bottles on the road in the course of a musical concert. It is also submitted that the accused 1 and 2 assaulted the de facto complainant and another with iron rod. Those B.A. Nos.2209 and 2210 of 2014 2 weapons are not recovered.
3. Learned counsel submits that the allegations are not true. The de facto complainant and others attacked the 4th accused and others who sustained injury for which the police have registered Crime No. 375 of 2014 for the offences including Secs. 324 and 308 of the Penal Code. According to the learned counsel, the de facto complainant and 8 others who attacked the 4th accused and others are the aggressors.
4. It would appear that there was a previous incident which triggered the present incident. So far as accused 3 and 4 are concerned, having regard to the nature of allegations made against them, I am inclined to grant relief.
5. So far as first accused is concerned, he is under custody from 11.03.2014 and the weapon of offence is recovered, I am inclined to grant him relief.
6. So far as the second accused is concerned, having regard to his involvement in the incident and the weapon of B.A. Nos.2209 and 2210 of 2014 3 offence is not recovered, request for pre-arrest bail cannot be allowed. Applications are disposed of as under:- I. B.A. No. 2209 of 2014 1) Request of the second accused for pre-arrest bail is rejected. 2) In case he is arrested, he shall be produced before the jurisdictional magistrate as early as possible. 3) The fourth accused shall surrender before the officer investigating Crime No.374 of 2014 of the Palakkad Town Police station on 07.04.2014 at 10:00 a.m. for interrogation. 2) In case interrogation is not completed that day, the said officer can direct the 4th accused to appear before him on any other date/dates and time which he shall comply. 3) In case the 4th accused is arrested, he shall be produced before the jurisdictional magistrate the same day. 5) On such production, the 4th accused shall be released if not required to be detained otherwise on his executing bond for Rs.25,000/- (Rupees Twenty five thousand only) each with two sureties each for the like sum each B.A. Nos.2209 and 2210 of 2014 4 to the satisfaction of the learned magistrate and subject to the following conditions:- a) One of the sureties shall be a close relative of the 4th accused. II. B.A. No. 2210 of 2014 Application is allowed as under:
1. Accused 1 and 3 in Crime No.374 of 2014 of the Palakkad Town Police station are granted bail on their executing bond for Rs.20,000/- (Rupees Twenty thousand only) with two sureties for the like sum each to the satisfaction of the learned magistrate and subject to the following conditions:-. a) One of the sureties shall be a close relative of the accused 1 and 3. III. (a) Accused 1, 3 and 4 shall report to the investigating officer on every alternate Saturday between 10:00 a.m. and 12:00 p.m. until filing of the final report or for two months, whichever is earlier. b) Accused 1, 3 and 4 shall report to the investigating officer as and when required for interrogation. c) Accused 1, 3 and 4 shall not intimidate/influence the B.A. Nos.2209 and 2210 of 2014 5 witnesses. d) Accused 1, 3 and 4 shall not, during the period of this bail get involved in any offence. f) In case of violation of any of condition III (a) to (d) it is open to the Investigating Officer to seek cancellation of the bail granted hereby to the accused 1, 3 and 4 by moving application before the learned magistrate (until committal if any and thereafter before the learned Principal Sessions Judge concerned) as held in P.K. Shaji V. State of Kerala (AIR2006Supreme Court 100). Sd/- THOMAS P.JOSEPH, JUDGE //true copy// P.A. to Judge Smv