Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. SATURDAY, THE 30TH DAY OF SEPTEMBER 2023 / 8TH ASWINA, 1945 BAIL APPL. NO. 8194 OF 2023 CRIME NO.2504 OF 2023 OF PALLURUTHY POLICE STATION, ERNAKULAM DISTRICT AGAINST THE ORDER/JUDGMENT CRMC 2518/2023 OF DISTRICT COURT & SESSIONS COURT, ERNAKULAM PETITIONER/S: 1 HEMANTH AGED 23 YEARS S/O RAJU, PUTHENKARI HOUSE, KULAKKADAVU, KUMBALANGHI, ERNAKULAM, PIN - 682007 2 AYYAPPAN AGED 23 YEARS S/O NARASIMHAN, KATTUMMEL HOUSE, KUMBALANGHI, ERNAKULAM,, PIN - BY ADVS. M.H.HANIS P.M.JINIMOL T.N.LEKSHMI SHANKAR RESPONDENT/S: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - OTHER PRESENT: SR.PP-SRI.P.G.MANU(MAMALASSERY) THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O R D E R
This application is filed under Section 439 of the Code of Criminal Procedure seeking regular bail.
2. The petitioner is the accused in Crime No.2504/2023 of Palluruthy police station, Ernakulam, for having committed offences punishable under Sections 294(b), 323, 324, 341, 308 and 506 IPC.
3. The prosecution allegation is that on 28/08/2023 at
about 9.30 P.M., accused No. 1 & 5 and other accused restrained the defacto complainant and abused and fisted him. When the defacto complainant's friend intervened to prevent it, accused no.5 kicked him and beat him with his helmet and accused no.1 beat him with a wooden reaper at Jawahar Nagar road in Pazhangad and thereby, the petitioners have committed the aforesaid offences.
4. The learned counsel appearing for the petitioners would
say that the petitioners are innocent and falsely implicated with ulterior motives. At any rate, he points out that the petitioners have been in custody since 29.08.2023, and continued custody of the petitioner is unnecessary.
5. The learned Public Prosecutor opposed the petition and points out that the petitioners are not entitled to bail.
6. After having considered the submissions of the learned
counsel for the petitioners and the learned Public Prosecutor and considering the nature of injuries caused and the fact that the petitioners have been in custody since 29.08.2023, I hold that bail can be granted to the petitioners.
7. Accordingly, this application is allowed, and the petitioners are granted bail subject to the following conditions:-
1.The petitioners shall be released on bail on executing a bond for Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court; 2.The petitioners shall report before the
Investigating Officer as and when directed. 3.The petitioners shall surrender their passports, if any, within seven days from the date of their release before the court concerned, and if the release of the passport is required at a later period, the petitioners shall be at liberty to move an appropriate application for the same before the court having jurisdiction. If they have no passport, they shall file an affidavit to that effect before the court concerned on the date of execution of the bond or within three days thereafter. 4.The petitioners shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses. 5.The petitioners shall not be involved in any other crime while on bail. 6.If any of the conditions are violated, the court concerned shall be empowered to take steps for
cancellation of bail as per law. Sd/- MOHAMMED NIAS C.P. JUDGE shg APPENDIX OF BAIL APPL. 8194/2023 PETITIONER ANNEXURES Annexure A THE TRUE COPY OF THE ORDER IN CRL.M.C NO.2518/2023 DATED 12-09-2023 IN CRIME NO.2504/2023 OF PALLURUTHY POLICE STATION, ERNAKULAM DISTRICT FILED BEFORE THE COURT OF SESSION, ERNAKULAM DIVISION