Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE ASHOK MENON MONDAY, THE 29TH DAY OF MARCH 2021 / 8TH CHAITHRA, 1943 Bail Appl..No.2504 OF 2021 CRIME NO.211/2021 OF PALAKKAD TOWN SOUTH POLICE STATION , PALAKKAD PETITIONERS/ACCUSED: 1 PRIYA DAS, AGED 32 YEARS, SON OF ARU, 2 SUBHASH, AGED 32 YEARS, SON OF CHANDRAN, SHEELA NIVAS, KENATH PARAMBU, BY ADV. SRI.K.ANAND RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PIN-682031 2 THE STATION HOUSE OFFICER, PALAKKAD TOWN SOUTH POLICE STATION, PIN-678001 R1 BY PUBLIC PROSECUTOR OTHER PRESENT: SMT.V.SREEJA - PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29.03.2021, ALONG WITH Bail Appl..2517/2021, Bail Appl..2697/2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE ASHOK MENON MONDAY, THE 29TH DAY OF MARCH 2021 / 8TH CHAITHRA, 1943 Bail Appl..No.2517 OF 2021 CRIME NO.211/2021 OF PALAKKAD TOWN SOUTH POLICE STATION , PETITIONER/ACCUSED: RAMESH, AGED 42 YEARS, SON OF ARUMUGHAN, KUNNATHOORMEDU P.O, PALAKKAD DISTRICT BY ADV. SRI.NIREESH MATHEW RESPONDENT: STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PIN-682031 OTHER PRESENT: SMT.V.SREEJA - PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29.03.2021, ALONG WITH Bail Appl..2504/2021, Bail Appl..2697/2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE ASHOK MENON MONDAY, THE 29TH DAY OF MARCH 2021 / 8TH CHAITHRA, 1943 Bail Appl..No.2697 OF 2021 CRIME NO.211/2021 OF PALAKKAD TOWN SOUTH POLICE STATION , PETITIONERS/ACCUSED: 1 SREENIVASAN, AGED 30 YEARS, SHEELA NIVAS KENATHU PARAMBU, 2 PRASAD, AGED 30 YEARS, SON OF VELAYUDHAN , 3 SURESH, AGED 30 YEARS, SON OF RAMAN, PALAKKAD, BY ADV. SRI.K.ANAND RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PIN-682031 2 THE STATION HOUSE OFFICER, TOWN SOUTH POLICE STATION, PIN-678001 OTHER PRESENT: SMT.V.SREEJA - PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29.03.2021, ALONG WITH Bail Appl..2504/2021, Bail Appl..2517/2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
COMMON ORDER
Dated this the 29th day of March, 2021 APPLICATIONS FOR REGULAR BAIL
The applicants in B.A.No.2504 of 2021 are accused Nos.2 and 1 respectively, the applicant in B.A.No.2517 of 2021 is the 3rd accused, while the applicants in B.A.No.2697 of 2021 are accused Nos. 4, 6 and 5 respectively, in Crime No.211 of 2021 of Palakkad Town South Police Station, Palakkad, for having allegedly committed offences punishable under Sections 143, 147, 148, 341, 323, 324 and 307 read with Section 149 of the IPC. The prosecution case, in brief, is this:
2. While the 'Manappullikkavu Vela' was in progress, the applicants, allegedly formed an unlawful assembly and in prosecution of the common object of the said unlawful assembly,
to commit murder, they wrongfully restrained the defacto complainant and his friends and thereafter stabbed them by means of dangerous weapons like knives, and caused serious injuries to them, in consequence of which, they had to be hospitalized and subjected to surgeries. The applicants state that
the allegations are not true and that it was only a scuffle, in consequence of which, some injuries were caused to the defacto complainant and his friends and the injuries were not deliberate and that no grievous hurt has been caused to any of them. And, moreover, the applicants state they do not have any criminal antecedents also. And, hence, seek bail as accused Nos. 1 and 2 have been in custody since 06.03.2021 and the rest of the accused have been in custody since 09.03.2021.
3. Heard the learned counsels appearing for the applicants and the learned Public Prosecutor. The learned counsel appearing for applicants 3 to 6 would submit that they did
not wield any weapon. A3 states that he is the Secretary of Yakkara Desom and had only intervened to stop the two gangs fighting each other. He did not have any active involvement in the crime. The weapons were admittedly wielded by accused Nos. 1 and 2. They are the ones, who caused four stab injuries to one of the injured, who had sustained the stab injuries on the back scapular region, right arm etc.,. The defacto complainant sustained a stab injury on his left chest, measuring (4* 3)cms. All those injuries could have proved fatal and the applicants have knowledge about it. And, therefore, the learned Public Prosecutor has vehemently opposed the application for bail. The learned Public Prosecutor has also pointed out to the fact that the 6 th accused was involved in another crime for having committed offences punishable under Section 332 IPC and others in the year
2010. None of the other applicants have any criminal antecedents.
4. After having heard the submissions on both sides, I
find that accused Nos. 1 and 2 are the main perpetrators of the crime, for having caused stab injuries to two persons. The stab injuries were serious and both of them were subjected to surgeries, which indicates the gravity of the offence. None of the other accused were wielding any weapons. And, therefore, I find that it is still too early to release accused Nos.1 and 2 on bail. The rest of the accused can be released on bail, considering their limited role that they had in the alleged act of offence.
5. In the result, B.A.No.2504 of 2021 is dismissed, while
B.A.No.2517 of 2021 and 2697 of 2021 are both allowed and the applicants in those applications are directed to be released on bail on the execution of bonds for Rs.50,000/-(Rupees Fifty thousand only), each with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court and on following further
conditions:
(i) They shall appear before the Investigating Officer as and when called for.
(ii) They shall not intimidate or influence witnesses and tamper with evidence.
(iii) They shall not get involved in similar offences during the currency of the bail period.
In case of breach of any of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court. The bail application B.A.No.2504 of 2021 shall be dismissed and shall be considered only at a later stage, when the investigation has progresses well. Sd/- ASHOK MENON JUDGE NR/29/03/2021