Full Judgment
..1..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH TUESDAY, THE 26TH DAY OF APRIL 2022 / 6TH VAISAKHA, 1944 BAIL APPL. NO. 3149 OF 2022 CRIME NO.329/2022 OF IRINJALAKUDA POLICE STATION PETITIONERS/ACCUSED 1 & 3: 1 JITHOSH, AGED 37 YEARS, KOZHINJAMPARAMBIL HOUSE, KANAL BASE, IRINJALAKUDA, MANAVALASSERY VILLAGE, PIN - 680121. 2 MANI, AGED 64 YEARS, SON OF CHAT HAPPEN KOZHINJAMPARAMBIL HOUSE, KANAL BASE, IRINJALAKUDA, MANAVALASSERY VILLAGE, PIN - 680121. BY ADV SRI.SAIJO HASSAN RESPONDENT/STATE: STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 BY SMT. SEENA C., PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ..2..
O R D E R
This is an application filed u/s 439 of Code of Criminal Procedure seeking regular bail.
2. The petitioners are the accused Nos. 1 & 3 in Crime No.329/2022 of Irinjalakuda Police Station. The offences alleged are under Sections 341, 294(b), 324, 307 r/w 34 of IPC.
3. The prosecution case in short is that on 18.3.2022 at 6 P.M., due to previous enmity and in furtherance of
common intention to cause the death of the defacto complainant's friend Shaji, the petitioners along with the 2nd accused, wrongfully restrained said Shaji, assaulted him on his head and face using a granite stone with intention to kill him, and thereby committed abovesaid offences.
4. Heard both sides and perused the case diary.
5. The learned counsel for the petitioners submitted that the petitioners are absolutely innocent and they have been falsely implicated in the present case. He further submitted that there are no materials to connect the petitioners with the alleged crime and hence they are entitled ..3..
to get bail. The learned Public Prosecutor opposed the bail application. He contended that the alleged incident occurred as a part of the intentional criminal acts of the petitioners and if the petitioners are released on bail at this stage, it would affect the course of investigation.
6. Perusal of the case diary would reveal that the
accusation made against the petitioners is well founded. The allegations made against them are very serious in nature and it prima facie show a premeditated criminal act on their part. The petitioners were remanded to judicial custody on 4.4.2022. The investigation is in a preliminary stage. The case records would show that in the incident, the victim's skull got broken, and at present, he is in coma stage. Moreover, the 1st petitioner has criminal antecedents.
7. As rightly argued by the learned Public Prosecutor,
the possibility of the petitioners influencing the witnesses and interfering with the investigation cannot be ruled out if they are released on bail. Having regard to the nature of the crime, the manner in which the petitioners are alleged to have complicity in it and the present stage of the investigation, I am of the view that the petitioners cannot be released on bail at
..4.. this stage. The application is only to be dismissed. In the result, the bail application is dismissed. Sd/- DR.KAUSER EDAPPAGATH JUDGE MMG ..5.. APPENDIX OF BAIL APPL. 3149/2022 PETITIONERS' ANNEXURES: ANNEXURE 1 CERTIFIED COPY OF THE ORDER DATED 11.04.2022 IN CRL.M.P NO. 2870/2022 IN CRIME NO. 329 OF 2022 OF IRINJALAKUDA POLICE STATION ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE IRINJALAKUDA