Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE K. BABU TUESDAY, THE 2ND DAY OF MAY 2023 / 12TH VAISAKHA, 1945 BAIL APPL. NO. 2755 OF 2023 IN CRIME NO.10/2023 OF MEPPADI POLICE STATION, WAYANAD AGAINST THE ORDER DATED 27.03.2023 IN CRMC 195/2023 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT - I, KALPETTA PETITIONER/ACCUSED NO.1: ROOPESH AGED 38 YEARS S/O. KUNHUNNI, ERUMATHADATHIL HOUSE,MEPPADI POST,KUNNAMANGALAMVAYAL, KOTTAPPADY AMSON, WAYANAD DISTRICT, PIN - 673577 BY ADV CELINE JOSEPH RESPONDENT/COMPLAINANT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 BY ADVS. PUBLIC PROSECUTOR ADDL.DIRECTOR GENERAL OF PROSECUTION(AG-11) ADDL. STATE PUBLIC PROSECUTOR(AG-28) BY SMT. BINDU O.V.,(PUBLIC PROSECUTOR) THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
K.BABU, J.
-------------------------------------- B.A No.2755 of 2023 --------------------------------------- Dated this the 2nd day of May, 2023
ORDER
This is an application filed under Section 439 of the Code of Criminal Procedure.
2. The petitioner is accused No.1 in Crime No.10/2023
of Meppadi Police Station. The offences alleged against the petitioner are punishable under Sections 302, 324, 326, 307 and 109 read with Section 34 of the Indian Penal Code.
3. The prosecution case is that on 01.01.2023 at about 01.30 am, an altercation occurred between the
petitioner and the friends of the deceased. During the altercation, the petitioner took possession of the key of the scooter of one Sidharth and the same was questioned by the deceased and the other injured. The petitioner stabbed the deceased Murshid and his friend Nishad. Murshid succumbed to the injuries.
4. The petitioner was arrested on 01.01.2023 and has been in judicial custody since then.
5. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
6. The learned counsel for the petitioner submits that the other accused in this case were granted bail and that final report is also submitted in this case.
7. The learned Public Prosecutor submits that final
report has been submitted, but opposed the bail plea of the petitioner on the ground that the petitioner has criminal antecedents. Accused Nos. 2 to 5 in this case were released on bail by order of this Court dated 16.03.2023 in B.A.No.2087 of 2023.
8. Having regard to the fact that the final report has already been submitted and that the petitioner has been in judicial custody since 01.01.2023, he is entitled to be released on bail on conditions. In the result, the Bail Application is allowed as follows:
(a) The petitioner shall be released on bail on his executing bond for Rs.50,000/ (Rupees Fifty Thousand Only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court.
(b) The petitioner shall appear before the Investigating Officer on all Mondays between 10 A.M. and 11 A.M. for a period of three months or till the final report is filed, whichever is earlier.
(c) The petitioner shall not try to influence the prosecution witnesses or attempt to tamper with the evidence.
(d) The petitioner shall not enter the territorial limits of Meppadi Police Station and shall not leave State of Kerala without the permission of jurisdictional court.
K.BABU, JUDGE SSK/02/05 APPENDIX PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE FIR DATED: 01.01.2023 IN CRIME NO.10/2023 OF MEPPADI POLICE STATION Annexure A2 TRUE COPY OF THE COMPLAINT DATED 10.1.23 FILED BEFORE THE DISTRICT POLICE CHIEF WAYANAD ALONG WITH RECEIPT Annexure A3 TRUE COPY OF THE COMPLAINT DATED 10/1/23 FILED BEFORE THE DGP ,TVM ALONG WITH THE ACKNOWLEDGEMENT DUE CARD Annexure A4 TRUE COPY OF THE ORDER DATED 16/03/2023 IN BA NO.1807/2023 OF THE HON'BLE HIGH COURT OF KERALA Annexure A5 CERTIFIED COPY OF THE ORDER DATED SESSIONS COURT, KALPETTA