Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM TUESDAY, THE 28TH DAY OF FEBRUARY 2023 / 9TH PHALGUNA, 1944 BAIL APPL. NO. 1347 OF 2023 AGAINST THE ORDER/JUDGMENTSC 1241/2021 OF PRINCIPAL SUB COURT,IRINJALAKUDA Bail Appl. 6142/2022 OF HIGH COURT OF KERALA CRIME NO.304 OF 2021 OF KATTOOR POLICESTATION, THRISSUR PETITIONER/ACCUSED: AKHIL,AGED 23 YEARS,SON OF SURESH, ESWARAMANGALATH HOUSE, EDAKULAM DESOM, POOMANGALAM VILLAGE, THRISSUR, PIN - 680688 BY ADVS. JITHIN BABU A ARUN SAMUEL
RESPONDENT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 OTHER PRESENT: PP: T.JAYAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BA No.1347 of 2023 2
VIJU ABRAHAM, J.
................................................................. B.A. No.1347 of 2023 ................................................................. Dated this the 28th day of February, 2023
ORDER
This is an application for regular bail.
2. The Petitioner is arrayed as the sole accused in Crime No.
304 of 2021 of Kattoor Police Station, Thrissur registered alleging commission of offences punishable under Sections 294(b), 506(ii), 452, 427 and 307 of the Indian Penal Code.
3. The prosecution case is that on 09.06.2021 at about 9.00
p.m., the applicant committed criminal trespass to the house of the brother of the complainant namely Valsan situated in Edakulam with an intention to commit his murder, abused him in filthy language, criminally intimidated him and stabbed him with a knife and thereby committed the abovesaid offences.
4. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
5. The learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the aforesaid crime and further submitted that the petitioner was arrested on 10.06.2021 and BA No.1347 of 2023 3 he is in custody since then and that though he moved applications for
bail before this Court earlier, the same were dismissed as per Annexures-A2 and A3 orders. It is further submitted that the allegation does not constitute any offence under the above Sections of IPC as alleged and the final report is already filed and further detention of the petitioner is not required for the purpose of the investigation.
6. The learned Public Prosecutor seriously opposed the
application for bail mainly contending that the brother of the defacto complainant was seriously injured in the alleged incident. It is alleged that in the attack the injured suffered injuries on the chest and lungs and he was in the ventilator. The doctor who examined the injured opined that the injuries sustained by him is 5 cm deep. The learned Public Prosecutor further submitted that the petitioner is involved in several other criminal cases of serious nature including offence punishable under Section 302 IPC. It is also revealed that petitioner is accused in Crime No.581 of 2020 of Kattoor Police Station in which offence punishable under Section 302 IPC is also incorporated. He was released on bail by this Court on a specific condition that he shall not get involved in any other criminal cases and that in violation of the same he got involved in the present crime and pursuant to the same the Additional Sessions Court, Irinjalakuda has cancelled the bail in Crime No.581 of 2020 of Kattoor Police Station. The details of other
BA No.1347 of 2023 4 cases in which the petitioner is involved is given below:
1. Kattoor Police Station, Crime No.192/2018, under Sections 341, 323, 326, 294(b), 506(i) and 308 read with Section 34 IPC.
2. Kattoor Police Station, Crime No.211/2018, under Sections 341, 323, 294(b) and 308 IPC
3. Kattoor Police Station, Crime No.581/2020, under Sections 143, 144, 147, 148, 324, 506(i), 294(b) and 302 r/w Section 149 IPC
4. Kattoor Police Station, Crime No.306/2021, under Sections 452, 506 and 427IPC I have called for a report from the trial court concerned
regarding the present stage of S.C.No.1241 of 2021 and it was reported that the trial of the case has already commenced. The present crime in which the petitioner is involved, is serious in nature and that he is involved in several other criminal cases including one punishable under Section 302 IPC. Though the petitioner was granted bail in that case, he got involved in this case and two other cases in violation of the bail conditions. I have considered the bail applications of the petitioner earlier and the same were rejected as per Annexures- A2 and A3 orders. I find no change in circumstances to take a view different from the one taken as per Annexures-A2 and A3.
BA No.1347 of 2023 5
Considering the facts and circumstances of the case and the serious criminal antecedents of the petitioner, I am not inclined to grant bail to the petitioner. But considering the fact that the petitioner is in custody from 10.06.2021 onwards, I am inclined to direct the trial court to expedite the trial of S.C.No.1241 of 2021 and complete the same without any much delay, at any rate within a period of four months from the date of receipt of a copy of this order. It is made clear that if the trial of the case is unduly delayed, the petitioner is free to approach this Court or the trial court concerned seeking for bail.
Granting such liberty the bail application is dismissed. Sd/- VIJU ABRAHAM JUDGE cks