Full Judgment
BAIL APPL. NO. 8868 OF 2021 AGAINST THE ORDER/JUDGMENT IN CMP 1287/2021 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,KOTTARAKKARA CMP 1288/2021 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,KOTTARAKKARA PETITIONER/ACCUSED NO.A11:
SENKUMAR @ MANIKUTTAN AGED 28 YEARS S/O. PURUSHOTHAMAN, JAYA BHAVAN, NEAR VILAKUDI LPS, VILAKUDI P.O., KOLLAM-691 508 R.V.SREEJITH G.MAHESWARY RESPONDENT/COMPLAINANT: STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031 DIRECTOR GENERAL OF PROSECUTION SHRI.SAJJU.S., SENIOR G.P. OTHER PRESENT: SRI. SAJJU. S. (SR.PP) THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24.01.2022, ALONG WITH Bail Appl..9608/2021, 9612/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: B.A.No.8868/2021& con.cases 2 BAIL APPL. NO. 9608 OF 2021 AGAINST THE ORDER/JUDGMENT IN CRMC 2119/2021 OF DISTRICT COURT & SESSIONS COURT,KOLLAM PETITIONER/ACCUSED NO.7: LIJIN, AGED 31 YEARS S/O. JOHN MOHAN, SREYAS BHAVAN, NEAR PULAMON, BHARANIKKAVU TEMPLE, PULAMON P.O., KOTTARAKKARA VILLAGE, KOLLAM DISTRICT-691531. AJAYA KUMAR. G M.JAYAKRISHNAN RESPONDENT/STATE: STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031. SRI.SAJJU.S. (SR.P.P.) THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24.01.2022, ALONG WITH Bail Appl..8868/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: B.A.No.8868/2021& con.cases 3 BAIL APPL. NO. 9612 OF 2021 PETITIONER/ACCUSED NO.6: VIJAYAKUMAR, AGED 24 YEARS S/O. SUNIL, VIJAYABHAVAN, EDAVUMPALAM, CHEMPANPOIKA, PALLIKKAL P.O., MYLAM VILLAGE, KOLLAM-691566. AJAYA KUMAR. G M.JAYAKRISHNAN RESPONDENT/STATE: 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-692031. 2 STATION HOUSE OFFICER, KOTTARAKKARA POLICE STATION, KOLLAM-691506. SRI.SAJJU.S. (SR.P.P.) THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24.01.2022, ALONG WITH Bail Appl..8868/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: B.A.No.8868/2021& con.cases 4
ORDER
[Bail Appl. Nos.8868/2021, 9608/2021, 9612/2021] These are applications for regular bail.
2. The petitioners are accused Nos.6, 7 and 11 in Crime No.2388/2021 of Kottarakkara Police Station, Kollam District alleging commission of offences under Sections 120 (b), 143, 147, 148, 294(b), 341, 323,
324, 307 & 302 r/w. Section 149 of the Indian Penal Code. The petitioner in B.A.No.9612/2021 is the 6th accused, the petitioner in B.A. No.9608/2021 is the 7th accused and the petitioner in B.A.No.8868/2021 is the 11th accused.
3. The allegation against the petitioners is that, after entering into a
criminal conspiracy, they formed an unlawful assembly and attacked the de facto complainant and his friends, resulting in serious injuries to them and also leading to the death of one Rahul and thereby, they committed the offences alleged against them.
4. The learned counsel appearing for the petitioners in these cases
would submit that the petitioners are absolutely innocent in the matter. It is submitted that no specific overt act has been alleged against the petitioners. It is submitted that the petitioners in B.A.Nos.9612/2021 and 9608/2021 were arrested on 21.10.2021, while the petitioner in B.A.No.8868/2021 was arrested on 25.10.2021. It is submitted that a final report has already been filed in the matter and their continued detention is not necessary, in the facts and circumstances of the case.
B.A.No.8868/2021& con.cases 5
5. The learned Public Prosecutor submits that the incident which led
to registration of Crime No.2388/2021 is an offshoot of another crime, which is Crime No.1221/2021 of Kunnikode Police Station alleging commission of offences under Sections 323, 324 & Section 3 (1) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989. It is submitted that there were some disputes between the petitioners and the de facto complainant and others, who are accused in Crime No.1221/2021. It is submitted that the petitioners and others are ambulance drivers and earlier on account of some disputes between the de facto complainant and the 1st accused in this case, the 1st accused was attacked by the de facto complainant and others which led to registration of Crime No.1221/2021. It is submitted that while the de facto complainant in Crime No.1221/2021 was recuperating in the hospital, the accused persons 2 to 11 in this case planned and conspired to attack the de facto complainant and his friends, which led to the incident leading to registration of Crime No.2388/2021. It is submitted that the grant of bail at this stage may affect the successful prosecution of the case as a final report has already been filed in the matter and it is pending before the Judicial First Class Magistrate Court, Kottarakkara as C.P.No.17/2022. It is submitted that once the committal proceedings are over, the trial can be commenced in the case.
6. I have considered the rival submissions.
7. Having regard to the facts and circumstances of the case and
considering the allegations against the petitioners and considering the fact that they have been in custody for a considerably long time, I am of the opinion that B.A.No.8868/2021& con.cases 6 the petitioners in these cases can be granted bail, subject to conditions. I also take note of the fact, while granting this order, that there is a rapid increase in Covid-19 cases across the State, including in the jail in which the petitioners are incarcerated.
8. In the result, these bail applications are allowed. It is directed that the petitioners shall be released on bail subject to the following conditions:-
(i) The petitioners shall execute separate bonds for sums of Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court;
(ii) The Petitioners shall report before the Investigating officer in Crime No.2388/2021 of Kottarakkara Police Station as and when called upon to do so;
(iii) The petitioners shall not attempt to influence or intimidate the de facto complainant or any witness in Crime No. 2388/2021 of Kottarakkara Police Station ;
(iv) The petitioners shall not involve in any other crime while on bail. If any of the aforesaid conditions are violated, the Investigating officer in Crime No.2388/2021 of Kottarakkara Police Station may file an application before the jurisdictional Court for cancellation of bail. sd/- GOPINATH P. JUDGE acd