Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM MONDAY, THE 29TH DAY OF JANUARY 2024 / 9TH MAGHA, 1945 BAIL APPL. NO. 11095 OF 2023 CRIME NO.1016/2021 OF Pulikeezhu Police Station, Pathanamthitta AGAINST THE ORDER/JUDGMENT Bail Appl. 8346/2022 OF HIGH COURT OF KERALA PETITIONER: VISHNU KUMAR, AGED 26 YEARS S/O AJITH KUMAR, NANDUBHAVANAM, NEAR MADAMPALLIKAVU TEMPLE, ALAMTHURUTHI P.O,KAVUMBHAGAM VILLAGE, THIRUVALLA, PATHANAMTHITTA DISTRICT, PIN - 689113 BY ADVS. OMAR SALIM NEETHU S. A.N.BIJU ASHISH ABY DAVID RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM, PIN - 682031 2 STATION HOUSE OFFICER PULIKEEZHU POLICE STATION, THIRUVALLA, PATHANAMTHITTA DISTRICT, PIN - 689104
OTHER PRESENT: SR.PP - DEEPA NARAYANAN B.A.No.11095 of 2023 2 THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: B.A.No.11095 of 2023 3
VIJU ABRAHAM, J.
................................................................. B.A.No.11095 of 2023 ................................................................. Dated this the 29th day of January, 2024
ORDER
This is an application for regular bail.
2. Petitioner is the 5th accused person in Crime No.1016 of
2021 of Pulikeezhu Police Station, Pathanamthitta District. The said crime was registered against the petitioner for the offences allegedly committed under sections 120B, 143, 144, 147, 148, 302, 452, 427, 506(ii), 294(b), 212 and 149 of the Indian Penal Code, 1860 and Section 20 read with Section 27 of the Arms Act.
3. The alleged prosecution case is that on account of political
rivalry towards Mr. Sandeep Kumar, the deceased, the 1 st accused with the intention to kill him hatched a criminal conspiracy along with the petitioner and other accused on 02.12.2021, at about 3.00 p.m, in room no.215 in JJ International lodge situated in Kuttipuzha Village and all the accused formed into an unlawful assembly on the same day with their common object to kill him and committed rioting armed with deadly weapons such as knife and sword stick. It is further alleged that the 1st accused abused THE deceased and pushed him to the paddy field on the same day at 8:05 p.m. Thereafter, 2nd accused and the petitioner caught hold the deceased and the 1st accused inflicted severe stab injuries on his chest and back and due to the injury he died
B.A.No.11095 of 2023 4
on his way to the hospital. Thereafter, accused nos.4 and 5 abused CW 20 and tried to kill him by brandishing the sword stick. Thereafter, accused nos.1 to 5 trespassed into the stationary shop and a house near to St. Mary’s Catholic Church and committed mischief by breaking the bottles in the shop and thereby caused a loss to the tune of Rs.300/-. It is further alleged that the 6th accused harboured accused nos.1 to 5 with the knowledge that they will commit murder and thereby committed the alleged offences.
4. Though the petitioner has moved an application for bail
before this Court as B.A.No.8346 of 2022, the same was dismissed as per Annexure-A1 order dated 07.11.2022, but taking note of the fact that the charge sheet has already been filed, by Annexure-A1 order this Court has directed the trial court to expedite the trial of the case. Petitioner submits that he is in custody from 03.12.2021 onwards and
that in spite of the direction issued by this Court in Annexure-A1 order
the trial of the case has not yet started. Petitioner submits that no serious overt acts are alleged against him. Taking into consideration the facts that he is in custody from 03.12.2021 and that the trial of the case has not yet started in spite of the specific direction issued by this Court in Annexure-A1 order, petitioner submits that he may be released on bail.
5. The learned Public Prosecutor opposed the application for bail mainly contending that the petitioner has an active role in the B.A.No.11095 of 2023 5
commission of the offence and he has conspired with the other accused for the murder of the deceased and has taken out a sword and scared the witnesses who gathered in the scene of crime and inflicted a wound on the 20th witness. Though there is an allegation of conspiracy against the petitioner, the further allegation is that he has assisted accused 1 to 3 in committing the murder. Learned Public Prosecutor further submits that the petitioner is involved in another case registered as Crime No.985 of 2020 alleging commission of offence punishable under Section 395 of the Indian Penal Code.
6. I have called for a report from the trial court concerned wherein it is reported that the case is now posted to 07.02.2024 and that the charge has not been framed. Admittedly the petitioner is in custody from 03.12.2021 onwards
and while disposing of B.A.No.8346 of 2022 as per Annexure-A1 order
this Court has directed the trial court to expedite the trial of the case without much delay. The instruction from the trial court would show that even the charge has not been framed yet. Considering the fact that the petitioner is in custody from 03.12.2021 onwards and even the trial of the case has not yet started and the overt acts alleged against the
petitioner is that he assisted the other accused in committing the murder and that he took out a sword and scared the witnesses who gathered in the scene of crime and inflicted a wound on the 20 th witness, I am of the view that the petitioner could be released on bail, B.A.No.11095 of 2023 6 but taking into consideration the seriousness of the allegation, same shall only be on stringent conditions. In the result, the bail application is allowed and it is ordered that the petitioner shall be released on bail on the following stringent conditions:
(i) Petitioner shall execute a bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court.
(ii) He shall appear before the investigating officer in Crime No.1016 of 2021 of Pulikeezhu Police Station, Pathanamthitta District on every first and third Saturdays at 11.00 a.m. till completion of the trial.
(iii) He shall appear before the trial court on all posting dates without fail, except specifically exempted by the court.
(iv) He shall not leave the State of Kerala without obtaining prior permission from the jurisdictional Court.
(v) He shall surrender his passport before the jurisdictional
Court. If the petitioner does not have a passport, he shall execute an affidavit to that effect and file the same before the said court within seven days of release on bail
(vi) He shall not attempt to interfere with the investigation or to influence any witness in the above said crime;
(vii) He shall not involve in any other crime while on bail. B.A.No.11095 of 2023 7 If any of the aforesaid conditions are violated, the investigating
officer in Crime No.1016 of 2021 of Pulikeezhu Police Station, Pathanamthitta District may file an application before the jurisdictional court, for cancellation of bail. sd/- VIJU ABRAHAM cks JUDGE