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. 8197 OF 2023 CRIME NO.2504 OF 2023 OF PALLURUTHY POLICE STATION, ERNAKULAM DISTRICT AGAINST THE ORDER/JUDGMENT CRMC 2549/2023 OF DISTRICT COURT & SESSIONS COURT, ERNAKULAM PETITIONER/ACCUSED NO.3: NITHIN, AGED 23 YEARS S/O GEORGE, PANDARAPARAMBIL HOUSE, NEAR KULAKADAVU, KUMBALANGHI, ERNAKULAM, PIN - 682007 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-SMT.T.V.NEEMA 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.2 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.2 kicked him and beat him with his helmet at Jawahar Nagar road in Pazhangad and thereby, the petitioner committed the aforesaid offences.
4. The learned counsel appearing for the petitioner would say that the petitioner is innocent and falsely implicated with ulterior motives. At any rate, he points out that the petitioner
has been in custody since 29.08.2023, and continued custody of the petitioner is unnecessary. It is also submitted that the second accused has already been granted bail by the learned Additional Sessions Judge -VI, Ernakulam, in Crl. M.C.No.2707/2023.
5. The learned Public Prosecutor opposed the petition and points out that the petitioner is not entitled to bail.
6. After having considered the submissions of the learned
counsel for the petitioner and the learned Public Prosecutor and considering the nature of injuries caused and the fact that the petitioner has been in custody since 29.08.2023, I hold that bail can be granted to the petitioner.
7. Accordingly, this application is allowed, and the petitioner is granted bail subject to the following conditions:-
1.The petitioner shall be released on bail on executing a 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;
2.The petitioner shall report before the Investigating Officer as and when directed. 3.The petitioner shall surrender his passport, if any, within seven days from the date of his release before the court concerned, and if the release of the passport is required at a later period, the petitioner shall be at liberty to move an appropriate application for the same before the court having jurisdiction. If he has no passport, he 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 petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses. 5.The petitioner 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. 8197/2023 PETITIONER ANNEXURES Annexure A THE TRUE COPY OF THE ORDER IN CRL.M.C NO.2549/2023 DATED 12-09-2023 IN CRIME NO.2504/2023 OF PALLURUTHY POLICE STATION, ERNAKULAM DISTRICT FILED BEFORE THE COURT OF SESSION, ERNAKULAM