Kerala High Court
Sanjay V.A vs State Of Kerala on 16 December, 2019
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
MONDAY, THE 16TH DAY OF DECEMBER 2019 / 25TH AGRAHAYANA, 1941
Bail Appl..No.9092 OF 2019
CRIME NO.416/2018 OF ELAMAKKARA POLICE STATION, ERNAKULAM
PETITIONER/ACCUSED NO.3:
SANJAY V.A
AGED 23 YEARS
S/O. AJAY JOSE, VELIYATHU HOUSE,
GANAPATHI TEMPLE ROAD, VADUTHALA P.O.,
NOW RESIDING AT JOYS HOUSE,
PERANDOOR THEERADESHA ROAD, ELAMAKKARA,
ERNAKULAM DISTRICT.
BY ADVS.
SRI.K.L.SHYAM
SRI.K.K.VINOD
RESPONDENTS/DE FACTO COMPLAINANTS:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN-682 031.
2 THE SUB INSPECTOR OF POLICE
ELAMAKKARA POLICE STATION,
ERNAKULAM DISTRICT, PIN-682 026.
SRI AJITH MURALI PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
16.12.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No.9092 OF 2019 2
ORDER
This application is filed under Section 439 of the Code of Criminal Procedure.
2. The applicant herein is the 3 rd accused in Crime No.416 of 2018 of the Elamakkara Police Station registered under Sections 143, 147, 148, 341, 324, 326 & 308 r/w. Section 149 of the IPC.
3. Crux of the prosecution allegation is that on 22.04.2018 at about 8.30 pm, applicant herein along with the rest of the accused formed themselves into an unlawful assembly and in prosecution of their common object wrongfully restrained one Akshay and his two friends and thereafter attacked them with weapons causing injuries. It is specifically alleged that the applicant herein was armed with an iron rod with which he inflicted injuries. One of the victims suffered a fracture of his metacarpal and the others suffered lacerated wounds.
4. Sri.Shyam.K.L, the learned counsel appearing for the applicant, submits that the applicant herein is innocent. He would further contend that the applicant has been in custody from 27.11.2019 and prays for his release. Bail Appl..No.9092 OF 2019 3
5. Heard the learned Public Prosecutor, who opposed the prayer.
6. I have considered the submissions advanced and have perused the records. The case diary shows that the investigation has substantially progressed. The recovery of the weapon has also been effected. It is not reported that the applicant is not involved in any other crimes. Having considered the facts and circumstances, the stage of investigation and attendant facts, I am of the view that the applicant can now be released on bail on conditions.
In the result, this application will stand allowed. The applicant shall be released on bail on his executing 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 court having jurisdiction. However, it shall be subject to the following conditions:
(a) The applicant shall appear before the Investigating Officer on all Mondays between 10 a.m. and 1 p.m., for a period of two months or till the final report is laid, whichever is earlier.
(b) He shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.
(c) He shall not commit any offence while he is on bail.
In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, Bail Appl..No.9092 OF 2019 4 and pass appropriate orders in accordance with the law.
Sd/-
RAJA VIJAYARAGHAVAN V JUDGE IAP