Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE SHIRCY V. THURSDAY, THE 17TH DAY OF FEBRUARY 2022 / 28TH MAGHA, 1943 BAIL APPL. NO. 292 OF 2022 CRIME NO. 487/2021 OF KUZHINJAMPARA POLICE STATION, PALAKKAD PETITIONERS/ACCUSED NOS. 1, 3, 4 & 2:
1 SREEJITH, AGED 21 YEARS S/O. SIVAKUMAR, KUZHIKKAL VEEDU, NOMBIKODE, ELAPPULLY - 678622. 2 SUDARSANAN, AGED 20 YEARS S/O. SUSHEELAN, AAVIRAMKADU, PARA, ELAPPULLY - 678622. 3 VIJAYAKUMAR, AGED 20 YEARS S/O. SELVAN, UPPUTHODU, ERATTUKULAM - 678622. 4 SHAIJU, AGED 19 YEARS S/O. RAJAPPAN, KAPPANNU, PATTATHALACHI, ELAPPULLY - 678622. BY ADVS. S.RAJEEV K.K.DHEERENDRAKRISHNAN V.VINAY M.S.ANEER SARATH K.P.
RESPONDENT/STATE: STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682031. (CRIME NO. 487/2021 OF KUZHINJAMPARA POLICE STATION, PALAKKAD DISTRICT - 678555) OTHER PRESENT: P.G.MANU- SR.PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07.02.2022, THE COURT ON 17.02.2022 PASSED THE FOLLOWING:
ORDER
Dated this the 17th day of February. 2022 This successive application for bail has been filed by accused Nos. 1, 3, 4 and 2 in Crime No. 487 of 2021 of Kuzhinjampara Police Station registered for the offences punishable under Sections 143, 147, 148, 341, 324, 326, 307 read with Section 149 of Indian Penal Code.
2. The prosecution allegation in brief is as follows:
On 26.07.2021 at about 18.00 hours, the defacto complainant along with his friend Sakeer Hussain was riding a scooter through the public road at Irattakulam. While so, the petitioners along with the other accused have formed themselves into an unlawful assembly armed with deadly weapons intercepted the scooter and wrongfully restrained and attacked them. They have together hacked Sakeer Hussain with a sword with the intention to cause his death. He was severely injured in the attack by the accused. Immediately he was shifted to a nearby hospital and from there he was referred to a higher centre at Coimbatore. He had undergone treatment as an inpatient for one month and thus his life was saved.
3. The petitioners are in custody since 28.07.2021.
4. Heard both sides and perused the records.
5. The learned counsel for the petitioners sought for their
release on bail by pointing out that though they are involved in some other crimes, they were already on bail in those crimes. In fact they are totally innocent but undergoing unnecessary incarceration for more than six months. The petitioners undertake to abide by the conditions that will be imposed by the court, if bail is granted.
6. This application is vehemently opposed by the learned
Public Prosecutor highlighting the criminal antecedents of the petitioners as well the brutal attack by them along with the other accused on the injured with deadly weapons.
7. True that the 1st petitioner is involved in Crime Nos. 869
of 2018 and 487 of 2019 registered before Kasaba Police Station as well in Crime No. 113 of 2021 of Kozhinjampara Police Station. Accused Nos. 3 and 4 are also involved in Crime 487 of 2019 registered for various offences including Section 307 of IPC. Now the investigation of the case is over and the case is pending as S.C. No. 658 of 2021 before the 1 st Additional Sessions Court, Palakkad. As referred in the earlier bail order, the injuries sustained by the injured are grave and serious in nature. The attack was made with dangerous weapons with the intention to cause his death when he was unarmed. So there was premeditation and it was not a sudden fight. But fortunately he was shifted to a hospital and had obtained primary treatment and then referred to a higher center for expert management and by their timely intervention his life was saved. But it is pertinent to note that all the petitioners are aged 20 or 21 years. They are undergoing incarceration for the last six months. As per the report from the 1 st Additional Sessions Court, Palakkad at present the case is pending before the IV Additional District and Sessions Court( Adhoc II,) Palakkad. The time required for the disposal of the case as informed by the learned Sessions Judge is one year and that is mainly because of the pandemic situation and the heavy pendency of the cases waiting for consideration. That be so, I find that it is not just and proper to retain the petitioners who are youngsters in jail as under trial prisoners till the case is disposed of. Further detention till culmination of trial appears to be unnecessary.
8. But the learned Public Prosecutor has expressed an
apprehension that recently a member of RSS was murdered by a group of members of SDPI and a case has been registered before the Police station concerned and that case is having connection with this crime. Therefore, the possibility of retaliation cannot be ruled out. But bail has been granted to some of the accused persons involved in that murder case. Police force could manage if such a contigency arises in the locality and they are bound to do it as their duty is to prevent crimes. For that the petitioners need not be incarcerated for longer period. Considering the present scenario, I think that the discretion of the court in the matter of bail can be exercised in a humane manner and that too compassionately imposing certain stringent conditions.
Therefore, this application is allowed subject to the following conditions:
(i) The petitioners shall be released on bail on each of them
executing a bond for a sum of Rs.2,00,000/- (Rupees Two lakhs only) with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction. All the petitioners shall produce separate sureties and one surety shall be a close relative of the respective petitioners.
(ii) The petitioners shall co-operate with the trial of the case.
(iii) The petitioners shall not enter into the limits of Kozhinjampara Police Station for a period of two months.
(iv) The petitioners shall surrender their original passports
before the court concerned. If they are not having a passport, they shall file an affidavit regarding the same before the jurisdictional court within two week of their release on bail.
(v) The petitioners shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such
facts to the court or tamper with the evidence.
(vi) The petitioners shall not commit any offence while on bail. In case of violation of any of the above conditions, the jurisdictional court is empowered to cancel the bail in accordance with the law. Sd/- SHIRCY V JUDGE sb