Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE MARY JOSEPH TUESDAY, THE 8TH DAY OF FEBRUARY 2022 / 19TH MAGHA, 1943 CRL.A NO. 85 OF 2022
ORDER DATED 15.01.2022 OF FIRST ADDITIONAL SESSIONS COURT,
THRISSUR IN CRL.M.P.NO.70/2022 IN CRIME NO.1136/2021 OF VALAPPAD POLICE STATION, THRISSUR. APPELLANT/2ND ACCUSED: SALI AGED 35, SO SATHAR, KANIYAMPARAMBIL HOUSE, PULINCHODE DESOM, EDATHURUTHI VILLAGE, THRISSUR-680683 BY ADV SRI.DILIP J. AKKARA RESPONDENTS/COMPLAINANT: 1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM - 682031 ADDL.R2 IMPLEADED ADDL.R2 RAJESH 34 YEARS, S/O RAMACHANDRAN,PUNNAPPULLIYIL HOUSE,KAIRALI ROAD, EDAMUTTAM,VALAPPAD,THRISSUR-680567 ADDL.R2 IMPLEADED AS PER ORDER DATED 04.02.22 IN CRL.MA.NO 1/22 IN CRL.A 85/22 R1 BY PUBLIC PROSECUTOR SRI SANAL P RAJ THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 08.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Crl.Appeal No.85 of 2022 2
JUDGMENT
Dated this the 08th day of February, 2022
This Appeal is filed against an order passed by District and Sessions Court, Thrissur in Crl.MP No.70/2022. Crl.MP No.70/2022 is an application filed by the petitioner under Section 439 of the Code of Criminal Procedure (for short ‘the Cr.P.C’) before the above court seeking regular bail. The application was dismissed by the court for two reasons such as gravity of the offences and the pendency of investigation. It was further stated that if released on bail, the petitioner would hamper with investigation.
2. The aggrieved petitioner has approached this Court in
the appeal on hand. Sri.Dilip J.Akkara, the learned counsel for the appellant has contended that the appellant was taken into judicial custody on 27.11.2021 and 73 days’ custody is over as
on date. According to him even as per the allegations of the Investigating Agency, petitioner has not contributed to the commission of the crime by any overt act. According to him
originally an offence under Section 307 alone was there in the Crl.Appeal No.85 of 2022 3 crime registered, but during the course of investigation offences under SC/ST Act were added. It is contended by the learned counsel that the investigation pending does not require presence of the petitioner in custody and therefore he is entitled for a release on bail.
3. As per the report filed by the learned Public Prosecutor the petitioner was the master mind behind the commission of
the offence by the 1st accused. Infact the 1st accused had stabbed the defacto complainant and inflicted a serious injury on his abdomen. According to the prosecution, the 1 st accused
Dhanesh is a station rowdy of Kaipamangalam Police Station having about 15 criminal cases in his credit, including murder attempts, homicide and cases registered under the NDPS Act. The investigation so far conducted revealed to the Investigating Agency that the 2nd accused hired the 1st accused for committing the crime for the reason that a demand was made by the defacto complainant to the 2 nd accused for the money owed to him.
4. As per the report, the investigation is progressing and several material aspects are yet to be collected in evidence. The Crl.Appeal No.85 of 2022 4 Investigating Agency apprehends that on release of the appellant at this stage, he would interfere with the investigation. In the above circumstances, the appeal deserves dismissal. In the result, appeal is dismissed. Sd/- MARY JOSEPH JUDGE MJL Crl.Appeal No.85 of 2022 5
APPENDIX OF CRL.A 85/2022 PETITIONER’S ANNEXURES: ANNEXURE 1 COPY OF FIR NO.1136/21 DATED 22-11-21 OF VALAPPAD POLICE STATION ANNEXURE 2 CERTIFIED COPY OF ORDER DATED 01-01-2022 OF 1ST ADDITIONAL SESSIONS COURT THRISSUR IN CRL.M.C.2052/2021 ANNEXURE 3 CERTIFIED COPY OF ORDER DATED 15-01-2022 OF 1ST ADDITIONAL SESSIONS COURT THRISSUR IN CRL. M.P. 70/2022
RESPONDENTS’ ANNEXURES: NIL TRUE COPY PA TO JUDGE