Manikandan vs State of Kerala

Type Court Judgment Court Kerala Decided May 31, 2023

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https://sooperkanoon.com/case/1353370

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Citation: sooperkanoon.com/1353370
Court: Kerala High Court
Judge: Honourable Mr. Justice a. Badharudeen
Decided On: May 31, 2023
Case Number: Bail Appl./2887/2023

Parties & Advocates

Appellant / Petitioner

Manikandan

Respondent

State of Kerala

Excerpt

.....prosecutor.3. i have perused the relevant documents.4. the prosecution case is that, at about 21 hrs on11.2.2023, while the festival of chirayil madankavu temple was going on, accused nos.1 and 2 danced in front of the float and disturbed the de facto complainant. when the same was questioned, accused nos.3 to 11 attacked the de facto complainant by using chopper, hitting bangle etc., with intention to commit culpable homicide. as a result of these overt acts, the de facto complainant sustained very serious injuries, though he survived. on this basis, initially offences punishable under sections 143, 147, 323, 324, 308 and 149 of the indian penal code. subsequently, offence under section 326 is added, as per bail appl. no.2887 of 2023 3 the report of the investigating officer.5. the learned counsel for the petitioner would submitthat there is no allegation for the prosecution that the 1 st accused/petitioner in any way assaulted the de facto complainant, by using any weapon or otherwise and therefore, the complicity of the petitioner may be read in isolation. it is also submitted that the petitioner is ready to co-operate with the investigation.6. the learned public prosecutor also would submit thatthere is no specific allegation against the petitioner as to use of any weapon, though the de facto complainant sustained fracture and on noticing the same, offence under section 326 of the indian penal code also was added.7. insofar as the complicity of the petitioner isconcerned, the prosecution has no case that he had used any weapon or he had caused any serious injuries to the de facto complainant, in any manner. however, it is to be noted that accused nos.3 to 11 assaulted the de facto complainant and the same caused fracture also. reading the complicity of the petitioner in the above line, the petitioner can be enlarged on bail appl. no.2887 of 2023 4 bail, on conditions. accordingly, anticipatory bail application is allowed and the petitioner is enlarged on.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN WEDNESDAY, THE 31ST DAY OF MAY 2023 / 10TH JYAISHTA, 1945 BAIL APPL. NO. 2887 OF 2023 CRIME NO.272/2023 OF KUNDARA POLICE STATION, KOLLAM PETITIONER/1ST ACCUSED: MANIKANDAN AGED 21 YEARS S/O THILAKAN, ELLUKUZHI JAYANTHI COLONY, ALUMMOODU P.O, KOTTAMKARA, KUNDARA, KOLLAM, PIN - 691501 BY ADVS. PRATHEESH.P ANJANA KANNATH RESPONDENTS/STATE: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 2 STATION HOUSE OFFICER KUNDARA POLICE STATION, KOLLAM, PIN - 691501 BY SR.PUBLIC PROSECUTOR SMT.T V NEEMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BAIL APPL. NO.2887 OF 2023 2

ORDER

Dated this the 31st day of May, 2023 This is an application for anticipatory bail, filed by the 1 st accused in Crime No.272/2023 of Kundara Police Station, Kollam.

2. Heard the learned counsel for the petitioner as well as the learned Public Prosecutor.

3. I have perused the relevant documents.

4. The prosecution case is that, at about 21 hrs on

11.2.2023, while the festival of Chirayil Madankavu Temple was going on, accused Nos.1 and 2 danced in front of the float and disturbed the de facto complainant. When the same was questioned, accused Nos.3 to 11 attacked the de facto complainant by using chopper, hitting bangle etc., with intention to commit culpable homicide. As a result of these overt acts, the de facto complainant sustained very serious injuries, though he survived. On this basis, initially offences punishable under Sections 143, 147, 323, 324, 308 and 149 of the Indian Penal Code. Subsequently, offence under Section 326 is added, as per BAIL APPL. NO.2887 OF 2023 3 the report of the Investigating Officer.

5. The learned counsel for the petitioner would submit

that there is no allegation for the prosecution that the 1 st accused/petitioner in any way assaulted the de facto complainant, by using any weapon or otherwise and therefore, the complicity of the petitioner may be read in isolation. It is also submitted that the petitioner is ready to co-operate with the investigation.

6. The learned Public Prosecutor also would submit that

there is no specific allegation against the petitioner as to use of any weapon, though the de facto complainant sustained fracture and on noticing the same, offence under Section 326 of the Indian Penal Code also was added.

7. Insofar as the complicity of the petitioner is

concerned, the prosecution has no case that he had used any weapon or he had caused any serious injuries to the de facto complainant, in any manner. However, it is to be noted that accused Nos.3 to 11 assaulted the de facto complainant and the same caused fracture also. Reading the complicity of the petitioner in the above line, the petitioner can be enlarged on BAIL APPL. NO.2887 OF 2023 4 bail, on conditions. Accordingly, anticipatory bail application is allowed and the petitioner is enlarged on bail on the following conditions:

i. The petitioner shall surrender before the Investigating Officer within ten days from today and on such surrender, the Investigating Officer can question the petitioner for two days in between 10.00 a.m. to 3.00 p.m. In the event of his arrest, the Investigating Officer shall produce the petitioner before the jurisdictional court on the date of arrest itself. ii. On such production, the jurisdictional court shall release the petitioner on bail, on executing bond for Rs.30,000/- (Rupees thirty thousand only) by himself and by two solvent sureties, each for the like sum to the satisfaction of the jurisdictional court. iii. The petitioner shall co-operate with investigation and shall be made available for interrogation and for the purpose of investigation, as and when the Investigating Officer directs so. iv. The petitioner, shall not, intimidate the witnesses or interfere with the investigation in any manner.

BAIL APPL. NO.2887 OF 2023 5 v. The petitioner shall not commit any offence during currency of this bail and any such involvement is a reason to cancel the bail hereby granted. Sd/- A. BADHARUDEEN JUDGE Bb

Same Court & Year Kerala · 2023 Same Parties Manikandan vs State of Kerala Same Judge Honourable Mr. Justice a. Badharudeen