Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN MONDAY, THE 13TH DAY OF MARCH 2023 / 22ND PHALGUNA, 1944 BAIL APPL. NO. 1964 OF 2023 PETITIONERS/ACCUSED NO.1 & 2:
1 THYAGARAJAN AGED 56 YEARS, S/O PONNUMANI, ALUVILA PUTHEN VEEDU, ALUVILA, THALAYAL, BALARAMAPURAM VILLAGE THIRUVANANTHAPURAM, PIN - 695001 2 AJEESH AGED 25 YEARS, S/O ARJUNAN, ALUVILA PUTHEN VEEDU, ALUVILA, THALAYAL, BALARAMAPURAM VILLAGE THIRUVANANTHAPURAM, PIN - 695001 BY ADVS. P.K.VARGHESE M.T.SAMEER P.S.ANISHAD K.R.ARUN KRISHNAN DHANESH V.MADHAVAN JERRY MATHEW BIJU KUMAR REGHU SREEDHARAN APARNA ANIL RAMEEZ M. AZEEZ NAMITHA K.S. SUDARSANAN U.
RESPONDENT/COMPLAINANT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 BY ADV PUBLIC PROSECUTOR OTHER PRESENT: P G MANU SR PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BAIL APPL. NO. 1964 OF 2023 2
ORDER
Dated this the 13th day of March, 2023. The petitioners who are arrayed as accused Nos.1 and 2 in Crime No.951/2022 of Balarampuram Police Station, Thiruvanathapuram, seek regular bail by filing this bail application under Section 439 of the Code of Criminal Procedure.
2. Heard the learned counsel for the petitioners as well as the learned Public Prosecutor. Gone through the available materials.
3. The prosecution allegation is that, at about 07.45 p.m. on
16.09.2022, the accused Nos. 1 to 7 in this crime formed in unlawfull assembly, with a knowledge that they are all members of the said assembly, armed with deadly weapon to commit murder of one Achu and his friend Vimal. Accordingly, they have assaulted the above said Achu and Vimal to achieve their intention to commit their murder. Pursuant to the occurrence, the crime alleging commission of offences punishable under Sections 143, 147, 148, 294(b), 341, 323, 324, 326, 307, and 427 r/w 149 of the Indian Penal Code.
4. It is submitted by the learned counsel for the petitioners that
BAIL APPL. NO. 1964 OF 2023 3 the petitioners are innocent. It is submitted further that, initially the petitioners along with accused Nos. 4, 5 and 7 moved anticipatory bail application before this Court and this Court dismissed bail application at the instance of accused Nos.1 and 2, while allowing the same to other accused. Thereafter, the petitioners surrendered before the investigating officer and co-operated with the investigation. But, their arrest was recorded on 23.01.2023. But, they have been in custody therefrom, though, the investigation has completed and the final report already filed in this matter. It is submitted by the learned counsel for the petitioner further that, the 1st petitioner herein and others were assaulted with intention to commit culpable homicide and not amounting to murder by the injured herein, for which counter case No.952/2022 also was registered alleging commission of offence punishable under Section 143,147, 148, 294(b), 341, 324, and 308 of the IPC. According to the learned counsel for the petitioners, in the said crime 1st petitioner sustained very serious injuries.
5. The learned Public Prosecutor conceded that counter case
vide crime No.952/2022 of Balaramapuram Police Station also was registered as submitted by the learned counsel for the petitioner. But , the learned Public Prosecutor pointed out very serious injuries sustained to BAIL APPL. NO. 1964 OF 2023 4 Achu as born out from the treatment certificate issued by the Medical College Hospital to justify the prosecution case, prima facie. It is noticeable that attacks at the instance of the 1 st and 2nd accused caused serious injuries to Achu, viz, traumatic brain injury right frontal bone depressed fracture thereby exploration and elevation of depressed right frontal bone fracture done on 17/09/2022 under NS2.
6. In case and counter, the truth of the allegations are matters of
evidence to be decided by the trial court during trial. As things stands now, though the prosecution allegations are well made out, prima facie, where final report already filed. That apart, the petitioners are first time offenders and their custody for the purpose of investigation is not required further. Therefore, the petitioners who have been in custody from 23.01.2023 can be released on bail, taking note of the above aspects. In the result, the bail application is allowed and the petitioners are released on bail, by imposing the following conditions:
i. The petitioners shall be released on bail on their executing bond for Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court concerned. BAIL APPL. NO. 1964 OF 2023 5 ii. The petitioners shall not intimidate the witnesses or tamper with evidence. They shall co-operate with the trial and shall be available for trial. iii. The petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of this case, so as to dissuade him from disclosing such facts to the court. iv. The petitioners shall surrender their passport, if any, within 7 days from the date of his release, before the trial court. If they have no passport, they shall file an affidavit in this regard on the date of execution of the bond or within 3 days thereafter. v. The petitioners shall not involve in any other offence during the currency of bail and any such event, if reported or came to the notice of this court, the same shall be a reason to cancel the bail hereby granted. Sd/- A. BADHARUDEEN JUDGE TR