Harshad vs State of Kerala

Type Court Judgment Court Kerala Decided Dec 01, 2023

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Citation: sooperkanoon.com/1405296
Court: Kerala High Court
Judge: Honourable Dr. Justice Kauser Edappagath
Decided On: Dec 01, 2023
Case Number: Bail Appl./10239/2023

Parties & Advocates

Appellant / Petitioner

Harshad

Respondent

State of Kerala

Excerpt

.....of narakal police station. the offences alleged are punishable under sections 294(b), 323, 324, 506 and 308 of the indian penal code.3. the prosecution case, in short, is that on 20.10.2023 atabout 07.00 pm, the applicants assaulted the de-facto complainant with an iron rod and a helmet with an intention to kill him and thereby committed the offences.4. i have heard sri. v.n.sankarjee, the learned counsel for the applicants and smt. t.v.neema, the learned senior public prosecutor. perused the case diary.5. the learned counsel for the applicants submitted that theapplicants are innocent and have been falsely implicated in the present case. the counsel further submitted that no materials are on record to connect the applicants with the alleged crime; hence, they are entitled to get bail. on the other hand, the learned public prosecutor submitted that the alleged incident occurred as a part of the intentional criminalacts of the applicants, and they are not entitled to bail at this stage.6. the applicants were remanded to judicial custody on 21.10.2023. the investigation is practically over. the recovery has been effected. it is true that the applicants have strong criminalantecedents. however, the injury sustained by the de-facto complainant is minor in nature and not on the vital part of the body. the only non-bailable offence alleged is under section 308 of the indian penal code. for all these reasons, i do not find any reason to hold that the continued detention of the applicants is required for any purpose. hence, the applicants are entitled to be released on bail.in the result, the application is allowed on the following conditions: -(i) the applicants shall be released on bail on executing a bond for rs.1,00,000/- (rupees one lakh only) each with two solvent sureties for the like sum each to the satisfaction of the jurisdictional magistrate/court.(ii) the applicants shall fully co-operate with the investigation.(iii) the applicants shall appear before.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH FRIDAY, THE 1ST DAY OF DECEMBER 2023 / 10TH AGRAHAYANA, 1945 CRIME NO.1135/2023 OF NARAKAL POLICE STATION, ERNAKULAM PETITIONERS/ACCUSED 1 TO 3:
1 HARSHAD, AGED 30 YEARS, S/O HANEEF, VATTAKKAL HOUSE, THEKANMALIPURAM KARA, PUTHUVYPIN VILLAGE, ERNAKULAM DISTRICT, PIN - 682 508. 2 THOUFEEK, AGED 26 YEARS, S/O ABDUL, VATTAKKAL HOUSE, THEKANMALIPURAM KARA, PUTHUVYPIN VILLAGE, ERNAKULAM DISTRICT, PIN - 682 505. 3 ASHIQ, AGED 26 YEARS, S/O HANEEF, VATTAKKAL HOUSE, THEKANMALIPURAM KARA, PUTHUVYPIN VILLAGE, ERNAKULAM DISTRICT, PIN - 682 508. BY ADVS. V.N.SANKARJEE V.N.MADHUSUDANAN R.UDAYA JYOTHI V.G.RAVIKUMAR KEERTHI B. CHANDRAN VIJAYAN PILLAI P.K. SINEESH K.M.
RESPONDENT/STATE & COMPLAINANT: 1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, ERNAKULAM DISTRICT, PIN - 682 031. 2 THE STATION HOUSE OFFICER, NJARAKKAL POLICE STATION, VYPIN P.O., ERNAKULAM DISTRICT, PIN - 682 505. BY SMT.T.V.NEEMA, SR.PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ORDER

This application is filed u/s 439 of the Code of Criminal Procedure seeking regular bail.

2. The applicants are the accused Nos.1 to 3 in Crime No.1135/2023 of Narakal Police Station. The offences alleged are punishable under Sections 294(b), 323, 324, 506 and 308 of the Indian Penal Code.

3. The prosecution case, in short, is that on 20.10.2023 at

about 07.00 PM, the applicants assaulted the de-facto complainant with an iron rod and a helmet with an intention to kill him and thereby committed the offences.

4. I have heard Sri. V.N.Sankarjee, the learned counsel for the applicants and Smt. T.V.Neema, the learned Senior Public Prosecutor. Perused the case diary.

5. The learned counsel for the applicants submitted that the

applicants are innocent and have been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicants with the alleged crime; hence, they are entitled to get bail. On the other hand, the learned Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal

acts of the applicants, and they are not entitled to bail at this stage.

6. The applicants were remanded to judicial custody on 21.10.2023. The investigation is practically over. The recovery has been effected. It is true that the applicants have strong criminal

antecedents. However, the injury sustained by the de-facto complainant is minor in nature and not on the vital part of the body. The only non-bailable offence alleged is under Section 308 of the Indian Penal Code. For all these reasons, I do not find any reason to hold that the continued detention of the applicants is required for any purpose. Hence, the applicants are entitled to be released on bail.

In the result, the application is allowed on the following conditions: -

(i) The applicants shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One lakh only) each with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Magistrate/Court.

(ii) The applicants shall fully co-operate with the investigation.

(iii) The applicants shall appear before the investigating officer between 10.00 a.m and 11.00 a.m every Saturday until further orders. They shall also appear before the investigating officer as and when required.

(iv) The applicants shall not commit any offence of a like nature while on bail.

(v) The applicants shall not attempt to contact any of the

prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(vi) The applicants shall not leave the State of Kerala without the permission of the trial Court.

(vii) The application, if any, for deletion/modification of the bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.

Sd/- DR. KAUSER EDAPPAGATH JUDGE DK APPENDIX OF BAIL APPL. 10239/2023 PETITIONER ANNEXURES Annexure - I TRUE COPY OF THE F.I.R. NO.1135/2023 DATED 21.10.2023 OF THE NJARAKKAL POLICE STATION Annexure-II CERTIFIED COPY OF THE ORDER DATED 4.11.2023 IN CRL. M.C. NO. 3166/2023 OF THE COURT OF SESSIONS, ERNAKULAM

Same Court & Year Kerala · 2023 Same Parties Harshad vs State of Kerala Same Judge Honourable Dr. Justice Kauser Edappagath