Subhash vs State of Kerala

Type Court Judgment Court Kerala Decided Apr 28, 2023

~4 min read

https://sooperkanoon.com/case/1350922

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/1350922
Court: Kerala High Court
Judge: Honourable Mr.Justice Ziyad Rahman a.a.
Decided On: Apr 28, 2023
Case Number: Bail Appl./2691/2023

Parties & Advocates

Appellant / Petitioner

Subhash

Respondent

State of Kerala

Excerpt

.....identified accused persons under sections 143, 147, 148, 341, 323, 324 and 308 r/w 149 of indian penal code.2. the prosecution case is that the petitioner along with otheraccused persons formed themselves into an unlawful assembly, assaulted the defacto complainant, thereby causing injuries to him. the crime was registered in such circumstances. the petitioner was earlier arrested and was granted bail. however, later, the petitioner went abroad for employment purposes and thereafter, he did not participate in the trial. accordingly, the bail granted to the petitioner was cancelled and the proceeding against the petitioner was split up. later, the petitioner was arrested on 10.03.2023 and since then he has been under judicial detention. this application for regular bail is submitted in such circumstances.3. heard sri. s.sreejith, the learned counsel appearing for the petitioner and smt.seetha s, the learned public prosecutor appearing for the state.4. the learned counsel for the petitioner submits that thepetitioner is innocent of all the allegations. it is pointed out that, the petitioner was working abroad after he was released on bail and therefore, he could not appear before the court when the matter was taken up for trial. the petitioner submits that he is prepared to abide by any conditions that may be imposed by this court.5. on the other hand, the learned public prosecutor opposedthe aforesaid application by pointing out that the petitioner was absconding for a long time. it is pointed out that, if the petitioner is released on bail, he is likely to abscond again.6. i have gone through the records. it is true that there areallegations against the petitioner and for sometime he absconded also. but it is pointed out that, all the other accused who faced the trial were already acquitted by the trial court. the petitioner is in custody since 17.03.2023.7. considering all the relevant aspects, i am of the view that,the petitioner can be granted bail by.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. FRIDAY, THE 28TH DAY OF APRIL 2023 / 8TH VAISAKHA, 1945 CRIME NO.1158 OF 2017 OF KULLATHUPUZHA POLICE STATION, KOLLAM PETITIONER/ACCUSED :- SUBHASH, AGED 45 YEARS S/O. USHA, USHA VILASOM VEEDU, DALIKARIKKOM, KULATHUPPUZHA VILLAGE,PUNALUR TALUK, KOLLAM DISTRICT-, PIN - 691310 BY ADV S.SREEJITH (S-3453) RESPONDENT :- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM., PIN - 682031 BY SMT.SEETHA S, SR.PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ORDER

Dated this the 28th day of April, 2023 The petitioner, is the second accused in Crime No.1158 of 2017 of Kulathuppuzha Police Station. The offences alleged against the petitioner and three identified accused persons under Sections 143, 147, 148, 341, 323, 324 and 308 r/w 149 of Indian Penal code.

2. The prosecution case is that the petitioner along with other

accused persons formed themselves into an unlawful assembly, assaulted the defacto complainant, thereby causing injuries to him. The crime was registered in such circumstances. The petitioner was earlier arrested and was granted bail. However, later, the petitioner went abroad for employment purposes and thereafter, he did not participate in the trial. Accordingly, the bail granted to the petitioner was cancelled and the proceeding against the petitioner was split up. Later, the petitioner was arrested on 10.03.2023 and since then he has been under judicial detention. This application for regular bail is submitted in such circumstances.

3. Heard Sri. S.Sreejith, the learned counsel appearing for the petitioner and Smt.Seetha S, the learned Public Prosecutor appearing for the State.

4. The learned counsel for the petitioner submits that the

petitioner is innocent of all the allegations. It is pointed out that, the petitioner was working abroad after he was released on bail and therefore, he could not appear before the Court when the matter was taken up for trial. The petitioner submits that he is prepared to abide by any conditions that may be imposed by this Court.

5. On the other hand, the learned Public Prosecutor opposed

the aforesaid application by pointing out that the petitioner was absconding for a long time. It is pointed out that, if the petitioner is released on bail, he is likely to abscond again.

6. I have gone through the records. It is true that there are

allegations against the petitioner and for sometime he absconded also. But it is pointed out that, all the other accused who faced the trial were already acquitted by the trial court. The petitioner is in custody since 17.03.2023.

7. Considering all the relevant aspects, I am of the view that,

the petitioner can be granted bail by incorporating appropriate conditions to ensure that he is co-operating with trial. In such circumstances, this application is disposed of directing the release of the petitioner upon bail subjected to the following conditions :-

1) The petitioner shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One Lakh only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court. 2) The petitioner shall fully co-operate with the investigation. 3) The petitioner shall appear before the Investigating Officer between 10.00 a.m and 11.00 a.m on every Wednesday until the filing of final report. 4) The petitioner shall appear before the Investigating Officer as and when required. 5) The petitioner shall not commit any offence of similar nature while on bail. 6) The petitioner shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation. 7) The petitioner shall not leave the State of Kerala without the permission of the jurisdictional court. 8) The petitioner shall surrender his passport before the Jurisdictional court and, in case he does not have a passport, an affidavit to that effect shall be filed.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation of bail, if any, and pass appropriate orders in accordance with the law. Sd/- ZIYAD RAHMAN A.A., JUDGE SMA

Same Court & Year Kerala · 2023 Same Parties Subhash vs State of Kerala Same Judge Honourable Mr.Justice Ziyad Rahman a.a.