Sooryalal vs State of Kerala

Type Court Judgment Court Kerala Decided Jun 01, 2023

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Citation: sooperkanoon.com/1362625
Court: Kerala High Court
Judge: Honourable Mr.Justice V.G.Arun
Decided On: Jun 01, 2023
Case Number: CRL.A/766/2023

Parties & Advocates

Appellant / Petitioner

Sooryalal

Respondent

State of Kerala

Excerpt

.....are accused nos. 1 and 2 in crime no.128 of 2023 of enathu police station, registered for offences under sections 143, 147, 148, 149, 341, 323, 324 and 427 ipc. the crime is registered on the allegation that, due to their enmity towards the de facto complainant, the accused formed into an unlawful assembly and way laid the de facto complainant by about 5.30 p.m on 18.02.2023. thereafter, the accused assaulted the de facto complainant and abused him by caste.2. the appellants were arrested on 21.02.2023 and are continuing in custody.3. although accused nos.3 and 4 were granted bail, the learned sessions judge refused bail to the appellants as they are involved in various other crimes.4. learned counsel for the appellants -3- submitted that 90 days being over from the date of arrest and remand of the appellants, they are entitled for statutory bail under section 167(2) of cr.p.c.5. learned public prosecutor submitted thatthe appellants are history-sheeters and even kappa proceedings have been initiated against one of them. it is also pointed out that there is every possibility of the appellants attacking the de facto complainant again and attempting to influence the witnesses.6. the appellants are entitled for statutory bail, as the investigation is not completed and final report filed within 90 days. being so, this court is left with no alternative,but to enlarge them on bail. at the same time, taking into account the submissions of the public prosecutor, stringent conditions have to be imposed. -4- accordingly, the appeal is allowed as under;(i) the appellants shall be released onbail, on their executing a bond for rs.50,000/- (rupees fifty thousand only) each, with two solvent sureties for the like amount, to the satisfaction of the trial court.(ii) the appellants shall not enter the limits of the enathu police station, within which the de facto complainant is residing.(iii) the appellants shall report before the station house officer, adoor police station.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN THURSDAY, THE 1ST DAY OF JUNE 2023 / 11TH JYAISHTA, 1945 CRL.A NO. 766 OF 2023 CRMP 2491/2023 OF SESSIONS COURT, PATHANAMTHITTA APPELLANT/S:
1 SOORYALAL AGED 23 YEARS S/O BAHULEYAN, VADAKKE CHARUVIL VEEDU, MAROOR P.O., ENADIMANGALAM VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT, PIN - 691524 2 CHANDRALAL AGED 19 YEARS S/O BAHULEYAN, VADAKKE CHARUVIL VEEDU, MAROOR P.O., ENADIMANGALAM VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT, PIN - 691524 BY ADVS. MANU RAMACHANDRAN M.KIRANLAL SAMEER M NAIR R.RAJESH (VARKALA) GEETHU KRISHNAN SAILAKSHMI MENON ABHISHEK JOHNSON
RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 THE STATION HOUSE OFFICER ENATHU POLICE STATION, PATHANAMTHITTA DISTRICT, PIN - 691526 3 SARAN MOHAN AGED 29 YEARS S/O MOHANAN, MULAYANKODE KIZHAKKEKKARA PUTHEN VEEDU, KURUMPAKARA P.O., ENADIMANGALAM VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT, PIN - 689695 OTHER PRESENT: SR.PP.RENJITH GEORGE THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 01.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -2-

JUDGMENT

Dated this the 01st day of June, 2023 The appellants are accused Nos. 1 and 2 in Crime No.128 of 2023 of Enathu Police Station, registered for offences under Sections 143, 147, 148, 149, 341, 323, 324 and 427 IPC. The crime is registered on the allegation that, due to their enmity towards the de facto complainant, the accused formed into an unlawful assembly and way laid the de facto complainant by about 5.30 p.m on 18.02.2023. Thereafter, the accused assaulted the de facto complainant and abused him by caste.

2. The appellants were arrested on 21.02.2023 and are continuing in custody.

3. Although accused Nos.3 and 4 were granted bail, the learned Sessions Judge refused bail to the appellants as they are involved in various other crimes.

4. Learned Counsel for the appellants -3- submitted that 90 days being over from the date of arrest and remand of the appellants, they are entitled for statutory bail under Section 167(2) of Cr.P.C.

5. Learned Public Prosecutor submitted that

the appellants are history-sheeters and even KAPPA proceedings have been initiated against one of them. It is also pointed out that there is every possibility of the appellants attacking the de facto complainant again and attempting to influence the witnesses.

6. The appellants are entitled for statutory bail, as the investigation is not completed and final report filed within 90 days. Being so, this Court is left with no alternative,

but to enlarge them on bail. At the same time, taking into account the submissions of the Public Prosecutor, stringent conditions have to be imposed. -4- Accordingly, the appeal is allowed as under;

(i) The appellants shall be released on

bail, on their executing a bond for Rs.50,000/- (Rupees fifty thousand only) each, with two solvent sureties for the like amount, to the satisfaction of the trial court.

(ii) The appellants shall not enter the limits of the Enathu Police Station, within which the de facto complainant is residing.

(iii) The appellants shall report before the Station House Officer, Adoor Police Station every Monday between 10 a.m and 11 a.m., until the final report is filed.

(iv) The appellants shall not, in any manner, intimidate the de facto complainant or attempt to influence the witnesses.

(v) The appellants shall not commit

any other offence while on bail. If any of the above conditions are violated, -5- the investigating officer can approach the Sessions Court for cancellation of the bail. Sd/- V.G.ARUN JUDGE Scl/ -6- APPENDIX OF CRL.A 766/2023 PETITIONER ANNEXURES Annexure A1 THE TRUE COPY OF THE FIR IN CRIME NO.128/2023 OF ENATHU POLICE STATION, PATHANAMTHITTA DISTRICT Annexure A2 THE TRUE COPY OF THE COMPLAINT PREFERRED BY SMT.SANDHYA TO THE STATION HOUSE OFFICER, ENATHU POLICE STATION Annexure A3 THE TRUE COPY OF THE FIR IN CRIME NO.129/2023 OF ENATHU POLICE STATION, PATHANAMTHITTA DISTRICT Annexure A4 THE TRUE COPY OF THE ORDER DATED 04.03.2023 IN CRL.M.P. NO.1945/2023 OF JFMC, ADOOR Annexure A5 THE TRUE COPY OF THE REMAND

APPLICATION DATED 21.02.2023 FILED IN CRIME NO.128/2023 OF ENATHU POLICE STATION, PATHANAMTHITTA DISTRICT

Same Court & Year Kerala · 2023 Same Parties Sooryalal vs State of Kerala Same Judge Honourable Mr.Justice V.G.Arun