Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM TUESDAY, THE 3RD DAY OF JANUARY 2023 / 13TH POUSHA, 1944 BAIL APPL. NO. 10622 OF 2022 CRIME NO.1302/2022 OF KUNNAMKULAM POLICE STATION, THRISSUR PETITIONER/ACCUSED NO.3: HARSHAD, AGED 19 YEARS, SON OF ISMAIL, VALIYAKATH HOUSE, KECHERY P.O., ERANELLUR VILLAGE, THRISSUR, PIN - 680501 BY ADVS. SAIJO HASSAN BENOJ C AUGUSTIN RAFEEK. V.K. AATHIRA SUNNY NEEMA NEERACKAL AMBADI DINESH L.K. K.S. SANDEEP RESPONDENT: STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 BY ADV SRI.M.C.ASHI - SR.PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: .. 2 ..
VIJU ABRAHAM, J.
B.A. No.10622 of 2022 Dated this the 03rd day of January, 2023
ORDER
This is an application for Regular Bail.
2. The petitioner is accused No.3 in Crime
No.1302/2022 of Kunnamkulam Police Station, Thrissur alleging commission of offences punishable under Sections 341, 324, 326, 308, 506 r/w Section 34 of the Indian Penal Code.
3. The prosecution allegation is that, on 01.11.2022 at
12.30 am, accused Nos.1 to 4 due to previous animosity, in furtherance of their common intention, wrongfully restrained the defacto complainant and his friend Arshad and accused Rabin shouted to kill him and stabbed on the stomach of the defacto complainant and the defacto complainant prevented it. Other accused beat him with an iron pipe and the defacto complainant sustained fracture on his left hand. If the attack of the accused had not prevented by the defacto complainant, it would have been resulted in his death and thus the 1 st accused along with .. 3 .. other accused are alleged to have committed the aforesaid offences.
4. The petitioner has earlier approached this Court
seeking anticipatory bail, which was disposed of with a direction to the petitioner to surrender and seek for bail, pursuant to which, the petitioner has surrendered and thereafter he is in custody from 19.12.2022. It is further submitted that the petitioner is a BBA student and his examinations are going to commence from 05.01.2023 onwards and to substantiate the same he has produced Anx.1 - Time table published by the University.
5. Heard the learned Public Prosecutor also.
6. Having regard to the facts and circumstances of the
case, taking into consideration the fact that the petitioner is in custody from 19.12.2022 and that the petitioner is a student, I am inclined to grant bail to the petitioner and it is ordered that the petitioner shall be released on bail on the following stringent conditions:
(i) The petitioner shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each .. 4 .. for the like-sum to the satisfaction of the jurisdictional court ;
(ii) Petitioner shall appear before the
investigating officer in Crime No.1302/2022 of Kunnamkulam Police Station, Thrissur on every Saturday at 11 am as and when required by the investigating officer;
(iii) The petitioner shall not attempt to interfere with the investigation or to influence any witness in Crime No.1302/2022 of Kunnamkulam Police Station, Thrissur ;
(iv) The petitioner shall not involve in any other crime while on bail. If any of the aforesaid conditions are violated, the
investigating officer in Crime No.1302/2022 of Kunnamkulam Police Station, Thrissur may file an application before the jurisdictional court, for cancellation of bail. Sd/- VIJU ABRAHAM, JUDGE ded/03.01.2023