Sirosh vs State of Kerala

Type Court Judgment Court Kerala Decided Jun 01, 2023

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Citation: sooperkanoon.com/1362076
Court: Kerala High Court
Judge: Honourable Mr. Justice a. Badharudeen
Decided On: Jun 01, 2023
Case Number: Bail Appl./4154/2023

Parties & Advocates

Appellant / Petitioner

Sirosh

Respondent

State of Kerala

Excerpt

.....that, at about 20.30 hours on22.01.2023, the accused herein, formed into an unlawful assembly with the knowledge that they are all members of the said assembly with intention to commit culpable homicide not amounting to murder and attacked the de-facto complaint and others with such intention. the specific allegation is that the 1 st accused used a hitting block and attempted to beat on the face of the de-facto complainant. the allegation against the 2nd accused is that he had brandished a sword stick and the same caused injury to the friend of the de-facto complainant. this is the base on which prosecution alleges commission of offencesunder sections 143, 147, 148, 323, 324, 326 and 308 read with section 149 of the indian penal code.5. the learned counsel for the petitioner submitted thatthe petitioner is innocent. the petitioner was arrested on 03.04.2023 and he has been in custody for the last 59 days. it is also submitted that the investigation requiring the petitioner’s custody is over and also the allegation against the petitioner is something less than that the other accused. on these grounds, the learned counsel pursued the relief of regular bail.6. the learned public prosecutor highlighted one antecedent in relation to the petitioner vide crime no.86/2020of mala police station, alleging commission of offences punishable under sections 143, 147, 148, 341, 323, 324, 506 and 308 of the indian penal code and under section 118(g) of kp act.7. on perusal of the case diary, it appears that theinvestigation requiring petitioner’s custody is over. however, the involvement of the petitioner in similar crimes repeatedly is a matter of serious concern. therefore, while granting bail to thepetitioner, stringent conditions are liable to be imposed. accordingly, the petitioner can be released on bail by imposing conditions and one among the conditions is that the petitioner shall not involve or indulge in any other crime during the currency of bail hereby granted.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN THURSDAY, THE 1ST DAY OF JUNE 2023 / 11TH JYAISHTA, 1945 PETITIONER/2ND ACCUSED: SIROSH, AGED 32 YEARS, S/O.RAPPAI, MAROTTICKAL HOUSE, GURITHIPPALA DESOM, ANNALLUR, THRISSUR - 680 697. BY ADV RAVI KRISHNAN RESPONDENTS/COMPLAINANT/STATE: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031. 2 STATION HOUSE OFFICER, MALA POLICE STATION, MALA P.O.,THRISSUR - 680 732. BY SRI.P G MANU, SR. PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ORDER

This is an application for regular bail filed by the 2 nd accused in Crime No.78/2023 of Mala Police Station.

2. Heard the learned counsel for the petitioner in detail.

3. I have perused the documents placed by the learned counsel for the petitioner and the relevant documents form part of the case diary along with the detailed report submitted by the learned Public Prosecutor.

4. The prosecution case is that, at about 20.30 hours on

22.01.2023, the accused herein, formed into an unlawful assembly with the knowledge that they are all members of the said assembly with intention to commit culpable homicide not amounting to murder and attacked the de-facto complaint and others with such intention. The specific allegation is that the 1 st accused used a hitting block and attempted to beat on the face of the de-facto complainant. The allegation against the 2nd accused is that he had brandished a sword stick and the same caused injury to the friend of the de-facto complainant. This is the base on which prosecution alleges commission of offences

under Sections 143, 147, 148, 323, 324, 326 and 308 read with Section 149 of the Indian Penal Code.

5. The learned counsel for the petitioner submitted that

the petitioner is innocent. The petitioner was arrested on 03.04.2023 and he has been in custody for the last 59 days. It is also submitted that the investigation requiring the petitioner’s custody is over and also the allegation against the petitioner is something less than that the other accused. On these grounds, the learned counsel pursued the relief of regular bail.

6. The learned Public Prosecutor highlighted one antecedent in relation to the petitioner vide Crime No.86/2020

of Mala Police Station, alleging commission of offences punishable under Sections 143, 147, 148, 341, 323, 324, 506 and 308 of the Indian Penal Code and under Section 118(g) of KP Act.

7. On perusal of the case diary, it appears that the

investigation requiring petitioner’s custody is over. However, the involvement of the petitioner in similar crimes repeatedly is a matter of serious concern. Therefore, while granting bail to the

petitioner, stringent conditions are liable to be imposed. Accordingly, the petitioner can be released on bail by imposing conditions and one among the conditions is that the petitioner shall not involve or indulge in any other crime during the currency of bail hereby granted 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.

Therefore, this petition stands allowed and petitioner is released on bail on the following conditions:

i. The petitioner shall be released on bail on 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. ii. The petitioner shall not intimidate the witnesses or tamper with evidence. He shall co-operate with the investigation and trial and shall be available for trial. iii. The petitioner 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 them from disclosing such facts to the court or to any police officer. iv. The petitioner shall appear before the Investigating Officer as and when directed. v. The petitioner shall not involve in any other crime during the currency of bail hereby granted and any such event, if reported or came to the notice of this court, the same alone shall be a reason to cancel the bail hereby granted. Sd/- A. BADHARUDEEN JUDGE

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