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Devan vs State of Kerala

DEVAN vs State of Kerala

Type Court Judgment Court Kerala Orders Decided Jul 29, 2022
~3 min read
https://sooperkanoon.com/case/1468337

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Citation
Court
Kerala Orders High Court
Judge
Decided On
Case Number
Bail Appl./2785/2022

Parties & Advocates

Appellant / Petitioner

DEVAN

Respondent

State of Kerala

Excerpt

.....34 of the indian penal code (in short, “ipc”) and section 3(a)5 of the explosive substance act.3. prosecution case is that on 30.11.2018 at 9.05 p.m. theaccused in the case who are 15 in number formed an unlawful assembly and attacked the defacto complainant at a street near the house of the defacto complainant and pelted a country bomb against the defacto complainant and attempted to commit culpable homicide of the defacto complainant.4. petitioner submits that he is in custody from 02.02.2022 onwards and that further custody is not required as the investigation is completed.5. learned public prosecutor seriously opposed the application for bail. he submitted that petitioner was originally granted ba no.2785 of 2022 3statutory bail and one of the conditions in the bail order was that petitioner shall not get involved in any similar offence while in bail period. as the petitioner got involved in four other cases thereafter his bail was cancelled as per annexure-1 order. though he moved an application for bail before the sessions court the same was rejected as per annexure-2 order. it is seen that there are 11 accused in the present crime. it is submitted by the learned public prosecutor that petitioner is involved in several cases and later petitioner got involved in 4 other cases after getting bail in the present case, the details of which are as given below:(i) crime no.895 of 2020 registered under sections 341,324, 294(b) and 506 ipc; (ii) crime no.1142 of 2020 registered under sections 341, 323, 324, 294(b) and 506 read with section 34 ipc, (iii) crime no.1100 of 2021 registered under sections 143, 147, 148, 341, 323, 427, 452 and 354 read with section 149 ipc and section 27 of the arms act and (iv) crime no.1102 of 2021 registered under sections 143, 147, 148, 448, 452, 427,294(b) and 506(ii) read with section 149 ipc and section 27 of the arms act. petitioner specifically contended that the 12th accused in the above said crime whose bail was also.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM FRIDAY, THE 29TH DAY OF JULY 2022 / 7TH SRAVANA, 1944 BAIL APPL. NO. 2785 OF 2022 CRIME NO.1052 OF 2018 OF OLLUR POLICESTATION, THRISSUR DISTRICT PETITIONER/ACCUSED NO.2: DEVAN, AGED 27 YEARS SON OF MANI, KARUVANNURKKARAN HOUSE, ANCHERY, THRISSUR, PIN - 680006 BY ADV V.A.JOHNSON (VARIKKAPPALLIL) RESPONDENT/COMPLAINANT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682031 BY ADV PUBLIC PROSECUTOR OTHER PRESENT: PP - SRI. M.C.ASHI THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BA No.2785 of 2022 2

VIJU ABRAHAM, J.

B.A.No.2785 of 2022 Dated this the 29th day of July, 2022

ORDER

This is an application for regular bail.

2. Petitioner is the 2nd accused in Crime No.1052 of 2018 of

Ollur Police Station registered alleging commission of offences punishable under Sections 308, 212 and 120B read with Section 34 of the Indian Penal Code (in short, “IPC”) and Section 3(A)5 of the Explosive Substance Act.

3. Prosecution case is that on 30.11.2018 at 9.05 p.m. the

accused in the case who are 15 in number formed an unlawful assembly and attacked the defacto complainant at a street near the house of the defacto complainant and pelted a country bomb against the defacto complainant and attempted to commit culpable homicide of the defacto complainant.

4. Petitioner submits that he is in custody from 02.02.2022 onwards and that further custody is not required as the investigation is completed.

5. Learned Public Prosecutor seriously opposed the application for bail. He submitted that petitioner was originally granted BA No.2785 of 2022 3

statutory bail and one of the conditions in the bail order was that petitioner shall not get involved in any similar offence while in bail period. As the petitioner got involved in four other cases thereafter his bail was cancelled as per Annexure-1 order. Though he moved an application for bail before the Sessions Court the same was rejected as per Annexure-2 order. It is seen that there are 11 accused in the present crime. It is submitted by the learned Public Prosecutor that petitioner is involved in several cases and later petitioner got involved in 4 other cases after getting bail in the present case, the details of which are as given below:

(i) Crime No.895 of 2020 registered under Sections 341,

324, 294(b) and 506 IPC; (ii) Crime No.1142 of 2020 registered under Sections 341, 323, 324, 294(b) and 506 read with Section 34 IPC, (iii) Crime No.1100 of 2021 registered under Sections 143, 147, 148, 341, 323, 427, 452 and 354 read with Section 149 IPC and Section 27 of the Arms Act and (iv) Crime No.1102 of 2021 registered under Sections 143, 147, 148, 448, 452, 427,

294(b) and 506(ii) read with Section 149 IPC and Section 27 of the Arms Act. Petitioner specifically contended that the 12th accused in the above said crime whose bail was also cancelled for having been involved in other crimes during the bail period was granted bail by this court in B.A.No. BA No.2785 of 2022 4 2584 of 2022. A perusal of the said order would reveal that all the subsequent crimes were alleging bailable offences. But in the case of the petitioner, he got involved in non bailable offences also. Considering the facts and circumstances of the case and the nature of the allegations and taking into consideration the fact that the petitioner got involved in four other cases violating the bail condition, I am of the opinion that the petitioner is not entitled to bail and accordingly bail application is dismissed. Sd/- VIJU ABRAHAM JUDGE cks

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