Pramod vs State of Kerala

Type Court Judgment Court Kerala Orders Decided Mar 21, 2024

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Citation: sooperkanoon.com/1286059
Court: Kerala Orders High Court
Judge: Honourable Mr.Justice Viju Abraham
Decided On: Mar 21, 2024
Case Number: Bail Appl./363/2024
Subject: Criminal

Case Summary

AI-generated summary - not the official court judgment text.

Criminal

Key legal issue: Criminal

Parties & Advocates

Appellant / Petitioner

Pramod

Respondent

State of Kerala

Excerpt

.....the 21st day of march, 2024orderthis is an application for regular bail.2. petitioner is the 1st accused in crime no.917 of 2022 of mala police station, thrissur, alleging the commission of offences punishable under sections 341, 323, 308 and 324 read with section 34 ipc.3. the prosecution allegation is that on 29.08.2022, 1 st accused alongwith three others attacked the defacto complainant, caused hurt to him by beating and stabbing him with a bottle. the petitioner is in custody from 30.08.2022. petitioner submits that he has been falsely implicated in the above-said crime.4. a report has been filed by the learned public prosecutor along with amemo stating that the petitioner has an active role in the commission of the offence and the petitioner is a goonda leader who is included in the rowdy list of mala police station and he is involved in 31 cases in various stations in kerala and that two times kappa proceedings were also initiated against him. it is further reported that if the petitioner is granted bail, there is every chance for threatening and manhandling the witnesses and taking into consideration the criminal antecedents there is every chance for him to getba no.363 of 2024 3 involved in crimes of similar nature. learned counsel for the petitioner submitted that in many of the previous cases, in which he is involved, he has been acquitted. taking into consideration the fact that the petitioner has an active rolein the commission of the offence and that he has serious criminal antecedents and the apprehension raised by the learned public prosecutor that if the petitioner is granted bail there is every chance for threatening and manhandling the witnesses and getting involved in crimes of similar nature, i am not inclined to grant bail to the petitioner.bail application is accordingly dismissed. sd/- viju abraham judge cks

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM THURSDAY, THE 21ST DAY OF MARCH 2024 / 1ST CHAITHRA, 1946 BAIL APPL. NO. 363 OF 2024 CRIME NO.917/2022 OF Mala Police Station, Thrissur AGAINST THE ORDER IN SC NO.6 OF 2023 OF ASSISTANT SESSIONS COURT/ADDITIONAL SUB COURT, IRINJALAKUDA PETITIONER/ACCUSED NO.1: PRAMOD,AGED 30 YEARS S/O BABU, VADASSERY HOUSE, KURUVILASSERY P.O., THRISSUR, PIN - 680732 BY ADV M.H.HANIS RESPONDENT/COMPLAINANT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 SR.PP DEEPA NARAYANAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BA No.363 of 2024 2
VIJU ABRAHAM, J.
B.A. No.363 of 2024 Dated this the 21st day of March, 2024

ORDER

This is an application for regular bail.

2. Petitioner is the 1st accused in Crime No.917 of 2022 of Mala Police Station, Thrissur, alleging the commission of offences punishable under Sections 341, 323, 308 and 324 read with Section 34 IPC.

3. The prosecution allegation is that on 29.08.2022, 1 st accused along

with three others attacked the defacto complainant, caused hurt to him by beating and stabbing him with a bottle. The petitioner is in custody from 30.08.2022. Petitioner submits that he has been falsely implicated in the above-said crime.

4. A report has been filed by the learned Public Prosecutor along with a

memo stating that the petitioner has an active role in the commission of the offence and the petitioner is a goonda leader who is included in the rowdy list of Mala Police Station and he is involved in 31 cases in various stations in Kerala and that two times Kappa proceedings were also initiated against him. It is further reported that if the petitioner is granted bail, there is every chance for threatening and manhandling the witnesses and taking into consideration the criminal antecedents there is every chance for him to get

BA No.363 of 2024 3 involved in crimes of similar nature. Learned counsel for the petitioner submitted that in many of the previous cases, in which he is involved, he has been acquitted. Taking into consideration the fact that the petitioner has an active role

in the commission of the offence and that he has serious criminal antecedents and the apprehension raised by the learned Public Prosecutor that if the petitioner is granted bail there is every chance for threatening and manhandling the witnesses and getting involved in crimes of similar nature, I am not inclined to grant bail to the petitioner.

Bail application is accordingly dismissed. Sd/- VIJU ABRAHAM JUDGE cks

Same Court & Year Kerala Orders · 2024 Same Parties Pramod vs State of Kerala Same Subject Criminal Same Judge Honourable Mr.Justice Viju Abraham