Manikandan, vs State of Kerala,

Type Court Judgment Court Kerala Decided Mar 23, 2020

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Citation: sooperkanoon.com/1753813
Court: Kerala High Court
Judge: Honourable Mrs. Justice Shircy V.
Decided On: Mar 23, 2020
Case Number: Bail Appl./1794/2020

Parties & Advocates

Appellant / Petitioner

Manikandan,

Respondent

State of Kerala,

Excerpt

.....station registered for the offences punishable under sections 143, 147, 148, 341 and 307 of the indian penal code.3. the petitioners have been in custody since 23.12.2019.4. the prosecution allegation is that on 22.12.2019 at10.30 p.m these petitioners along with the other accused have formed themselves into an unlawful assembly, armed with deadly weapons had attacked the defacto complainant with the intention to cause his death and thereby committed the aforesaid offences.5. heard both sides.6. the learned counsel for the petitioners submitted that they are totally innocent of the allegations levelled against them. but they are undergoing undeserved incarceration for the bail appl..no.1794 of 2020 3 last so many days.7. the learned public prosecutor has submitted that the investigation of the case is well in progress.8. considering the present stage of investigation, period of custody undergone as well the fact that they have no criminal antecedents, i am inclined to release on bail subject to the following conditions:(i) the petitioners shall be released on bail on executingbond for a sum of rs.50,000/- (rupees fifty thousand only) with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction.(ii) they shall appear before the investigating officer for interrogation as and when required by him in writing.(iii) they shall not directly or indirectly, make any inducement,threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.(iv) they shall not commit any offence while on bail.in case of violation of any of the above conditions, bail appl..no.1794 of 2020 4 the learned magistrate is empowered to cancel the bail in accordance with the law. sd/- shircy v. judge smm

Full Judgment

Bail Appl..No.1794 OF 2020 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE SHIRCY V. MONDAY, THE 23RD DAY OF MARCH 2020 / 3RD CHAITHRA, 1942 Bail Appl..No.1794 OF 2020 CRIME NO.487/2019 OF Kasaba Police Station , Palakkad PETITIONERS/ACCUSED NOS.1,3 AND 4: 1 MANIKANDAN, AGED 21 YEARS S/O. PREMADASAN, DEVI NIVAS, PANDARAKAVU, PETTA, 2 SUDARSHANAN AGED 19 YEARS S/O. SUSEELAN, KIZHAKKE (H), AVIRAMAKAD, PARA- 3 KANNAN AGED 18 YEARS S/O. MURUKESAN, KAITHONI HOUSE, VAZHAKKODE, ELAPULLY PALAKKAD. BY ADV. SRI.SUSEEL M.MENON RESPONDENT/COMPLAINANT: STATE OF KERALA, REPRESENTED BY STATION HOUSE OFFICER, KASABA POLICE STATION, PALAKKAD, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PP AJITH MURALI THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23.03.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Bail Appl..No.1794 OF 2020 2

ORDER

This application is for regular bail under Section 439 of the Code of Criminal Procedure.

2. The petitioners are accused Nos.1,3 and 4 in Crime No. 487 of 2019 of Kasaba Police Station registered for the offences punishable under Sections 143, 147, 148, 341 and 307 of the Indian Penal Code.

3. The petitioners have been in custody since 23.12.2019.

4. The prosecution allegation is that on 22.12.2019 at

10.30 p.m these petitioners along with the other accused have formed themselves into an unlawful assembly, armed with deadly weapons had attacked the defacto complainant with the intention to cause his death and thereby committed the aforesaid offences.

5. Heard both sides.

6. The learned counsel for the petitioners submitted that they are totally innocent of the allegations levelled against them. But they are undergoing undeserved incarceration for the Bail Appl..No.1794 OF 2020 3 last so many days.

7. The learned public prosecutor has submitted that the investigation of the case is well in progress.

8. Considering the present stage of investigation, period of custody undergone as well the fact that they have no criminal antecedents, I am inclined to release on bail subject to the following conditions:

(i) The petitioners shall be released on bail on executing

bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction.

(ii) They shall appear before the Investigating Officer for interrogation as and when required by him in writing.

(iii) They shall not directly or indirectly, make any inducement,

threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.

(iv) They shall not commit any offence while on bail.

In case of violation of any of the above conditions, Bail Appl..No.1794 OF 2020 4 the learned Magistrate is empowered to cancel the bail in accordance with the law. Sd/- SHIRCY V. JUDGE smm

Same Court & Year Kerala · 2020 Same Parties Manikandan, vs State of Kerala, Same Judge Honourable Mrs. Justice Shircy V.