Rohith V., vs State of Kerala,

Type Court Judgment Court Kerala Decided Apr 26, 2019

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Citation: sooperkanoon.com/1906209
Court: Kerala High Court
Judge: Honourable Mr. Justice Ashok Menon
Decided On: Apr 26, 2019
Case Number: Bail Appl./2775/2019

Parties & Advocates

Appellant / Petitioner

Rohith V.,

Respondent

State of Kerala,

Excerpt

.....149 of i.p.c. the prosecution case is that on 21.03.2019 at about10.15 pm, the petitioners, who are all employees in a bar, formed an unlawful assembly and in prosecution, assaulted the defacto complainant. the 1 st accused hit him with soda and beer bottles causing him to lose one of his tooth and thereby causing grievous injuries tohim. the accused were arrested on 22.03.2019 and have been in judicial custody ever since. they do not have any criminal antecedents and they are all persons having permanent place of abode. therefore, there is no probability of their absconding. custodial interrogation of the petitioners is not necessary. the 1st accused has not been apprehended. the overt act is attributed only to the 1st accused. in such circumstances, i find that further custody of thepetitioners is not necessary. hence, this application is allowed and the petitioners shall be released on bail on the following conditions: 1) they shall execute a bond for rs.1,00,000/- (rupees one lakh only) with two solvent sureties each for the like sum to the satisfaction of the magistrate having jurisdiction. 2) they shall surrender the passport before the magistrate or the investigating officer. 3) they shall appear before the concernedinvestigating officer on every monday between 9 am and 11 am for a period of three months or till the filing of the final report, whichever is earlier. 4) they shall not intimidate or attempt to influence the defacto complainant or the witnesses; nor tamper with the evidence. in case of breach of violation of any of the above conditions, the bail granted is liable to be cancelled. sd/- ashok menon dkr judge

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE ASHOK MENON FRIDAY, THE 26TH DAY OF APRIL 2019 / 6TH VAISAKHA, 1941 AGAINST THE ORDER/JUDGMENT IN CRMC 703/2019 of DISTRICT COURT & SESSIONS COURT,THALASSERY DATED 08-04-2019 CRIME NO. 334/2019 of Payyannur Police Station, Kannur PETITIONERS/ACCUSED:

1 ROHITH V., AGED 23 YEARS, S/O.BALAKRISHNAN NAMBIAR, VENGARA HOUSE, MATHIL, ERAMAM, PAYYANNUR-670307. 2 JOSEPH T.M., AGED 58 YEARS, S/O.MATHAI, THAYYIL HOUSE, MARIAPPURAM PO, KUTHIRAKALLU, IDUKKI-685602. 3 SREYAS K., AGED 25 YEARS, S/O.KARUNAKARAN, MAMUNI HOUSE, CHERUVATHUR VIA, PULLANIPARA, KASARGOD-671310. 4 ROUCE JOSE, AGED 28 YEARS, S/O.JOSE, ARAKKAL HOUSE, KAMBALLUR PO, KADUMENI, KASARGOD-670511. BY ADV. SRI.PHIJO PRADEESH PHILIP

RESPONDENTS/STATE: 1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031. 2 THE STATION HOUSE OFFICER, PAYYANNUR POLICE STATION, KANNUR DISTRICT-670110. OTHER PRESENT: SRI C N PRABHAKARAN, SR.PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26.04.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

O R D E R

The petitioners are accused Nos.2 to 5 in Crime

No.334/2019         of       Payyannur       Police       Station      for     having
allegedly        committed            the       offence       punishable        under
Sections       143,      147,       148,     341,     342,      323,    324,      326,
294(b), 506(1), read with Section 149 of I.P.C.                                   The
prosecution         case       is     that       on    21.03.2019       at     about

10.15 pm, the petitioners, who are all employees in a bar, formed an unlawful assembly and in prosecution, assaulted the defacto complainant. The 1 st accused hit him with soda and beer bottles causing him to lose one of his tooth and thereby causing grievous injuries to

him.     The accused were arrested on 22.03.2019 and have
been in judicial custody ever since.                           They do not have
any    criminal        antecedents           and      they    are   all      persons
having permanent place of abode.                          Therefore, there is
no     probability            of    their        absconding.            Custodial
interrogation of the petitioners is not necessary.                                The
1st accused has not been apprehended.                          The overt act is
attributed         only        to     the       1st    accused.           In      such
circumstances,           I     find    that       further       custody      of   the

petitioners is not necessary. Hence, this application is allowed and the petitioners shall be released on bail on the following conditions: 1) They shall execute a bond for Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties each for the like sum to the satisfaction of the Magistrate having jurisdiction. 2) They shall surrender the Passport before the Magistrate or the Investigating Officer. 3) They shall appear before the concerned

Investigating Officer on every Monday between 9 am and 11 am for a period of three months or till the filing of the final report, whichever is earlier. 4) They shall not intimidate or attempt to influence the defacto complainant or the witnesses; nor tamper with the evidence. In case of breach of violation of any of the above conditions, the bail granted is liable to be cancelled. Sd/- ASHOK MENON dkr JUDGE

Same Court & Year Kerala · 2019 Same Parties Rohith V., vs State of Kerala, Same Judge Honourable Mr. Justice Ashok Menon