Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. TUESDAY, THE 21ST DAY OF NOVEMBER 2023 / 30TH KARTHIKA, 1945 BAIL APPL. NO. 10195 OF 2023 CRIME NO.1306/2023 OF TOWN WEST POLICE STATION, THRISSUR PETITIONERS/ACCUSED NOS.1 & 2: 1 SHAFEEQ AGED 34 YEARS, S/O.NASAR, MOOLEAPPADAN HOUSE, POOTHOLE, THRISSUR, PIN - 680004 2 AJITH AGED 35 YEARS, S/O.MANOHARAN, PANOKKAN HOUSE, VALLACHIRA, THRISSUR, PIN - 680301 BY ADV V.A.JOHNSON (VARIKKAPPALLIL) RESPONDENT/COMPLAINANT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 SMT.T.V.NEEMA, SR.PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ..2..
MOHAMMED NIAS C.P., J.
--------------------- B.A.No. 10195/2023 --------------------------- Dated this the 21st day of November, 2023
ORDER
This application is filed under Section 439 of the Code of Criminal Procedure, seeking regular bail.
2. The petitioners are accused Nos. 1 & 2 in Crime
No.1306/2023 of Town West Police Station, Thrissur District, for having allegedly committed offences punishable under Sections 323, 324, 308 read with Section 34 of the Indian Penal Code.
3. The prosecution case is that, due to previous enmity on
accused, in furtherance of their common intention, attacked the defacto complainant with an autorickshaw by hitting them with a helmet, beating him with their hands. If the defacto complainant had not fallen into the canal due to the attack of the accused, his death would have been caused by the autorickshaw driven by the accused. Thus, the accused committed the aforesaid offences.
4. The learned counsel appearing for the petitioners would say ..3..
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 08/11/2023, and continued custody of the petitioners is unnecessary.
5. The learned public prosecutor opposed the petition and pointed out that the petitioners are not entitled to bail.
6. After having considered the submissions of the learned
counsel for the petitioner and learned Public Prosecutor, considering the allegations against the petitioners, the injuries as seen from the wound certificate, the fact that the petitioners have been in custody since that if released on bail, the petitioners are likely to abscond, I hold that bail can be granted to the petitioners. Accordingly, this application is allowed, and the petitioners granted bail subject to the following conditions:-
(i) The petitioners 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;
(ii) The petitioners shall report before the Investigating Officer as and when directed; ..4..
(iii) The petitioners shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses;
(v) The petitioners shall not be involved in any other crime
while on bail or leave the Country without the prior permission of the Court concerned. If any of the conditions are violated, the court concerned will be empowered to take steps for cancellation of bail as per law; Sd/- MOHAMMED NIAS C.P. JUDGE APA ..5.. APPENDIX OF BAIL APPL. 10195/2023 PETITIONER ANNEXURES
Annexure 1 TRUE COPY OF THE ORDER IN
CRL.M.P.NO.12271/2023 OF COURT OF
JUDICIAL FIRST-CLASS MAGISTRATE-II,THRISSUR DATED 09.11.2023