Kerala High Court
Akash @ Poppy vs State Of Kerala on 14 June, 2021
Author: Ashok Menon
Bench: Ashok Menon
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
MONDAY, THE 14TH DAY OF JUNE 2021 / 24TH JYAISHTA, 1943
BAIL APPL. NO. 4638 OF 2021
CRIME NO.284/2021 OF VALLIKUNNAM POLICE STATION, ALAPPUZHA
DISTRICT
PETITIONER/S:
AKASH @ POPPY
AGED 20 YEARS
S/O.AJAYAN, AISHWARYA VEEDU, ILLIPPAKULAM MURI,
VALLIKUNNAM VILLAGE, ALAPPUZHA DISTRICT - 690
501.
BY ADVS.
RASHEED C.NOORANAD
M.N.ANITHA
RESPONDENT/S:
STATE OF KERALA
1 REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM - 682 031.
STATION HOUSE OFFICER
2 VALLIKUNNAM POLICE STATION, ALAPPUZHA DISTRICT -
690501.
BY ADV RASHEED C.NOORANAD
OTHER PRESENT:
SMT.V.SREEJA-PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14.06.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 4638 OF 2021 2
O R D E R
Dated this the 14th day of June 2021 Application for regular bail under Section 439 of Cr.P.C. The applicant is the 5th accused in Crime No.284/2021 of Vallikunnam Police Station, Alappuzha for having allegedly committed offences punishable under Sections 120(B), 341, 143, 144, 147, 148, 323, 324, 307, 302, 308 and 326 r/w Section 149 of IPC.
2. The prosecution case, in brief, is that on 14.04.2021, the applicant along with other accused hatched a conspiracy at the house of the 2nd accused to commit murder of deceased Abhimanu, a boy aged 16 years and at about 9.30 p.m. on that day while Abhimanu and others were at the festival ground of Pattanivattom temple, the applicant and remaining six accused formed an unlawful assembly and in prosecution of the common object of the said unlawful assembly, they wrongfully retrained the deceased Abhimanu and his friends, committed riot armed with deadly weapon like knife and the 1st accused stabbed Abhimanu on the left side his chest and thereafter the 4th accused stabbed him again. The death was caused due to the penetrating injury to his chest which was caused by the 1st accused. The accused also allegedly attempted to commit murder of the friends of the deceased namely, Adarsh and Kashinath and thus caused grievous injury to Adarsh. The specific allegation against the applicant is that he was part of the conspiracy and BAIL APPL. NO. 4638 OF 2021 3 that in prosecution of the common object of the unlawful assembly, the applicant had wrongfully restrained the deceased as also the injured and facilitated attack of the deceased and others by A1 and A4.
3. The 1st accused was already arrested, but the weapon could not be recovered, submits the learned Public Prosecutor. It is also submitted that the 4th accused is yet to be arrested because he is the person who is in possession of the weapon. The applicant has been in custody since 18.04.2021 and he was not in possession of the weapon and nothing to be recovered from him. The learned Public Prosecutor points out that the applicant has criminal antecedents and he was involved in Crime No.525/2019 for offences punishable under Sections 457 and 380 r/w Section 34 of IPC of Vallikunnam Police Station. Therefore, releasing him on bail would cause hindrance to the prosecution and moreover the weapon is not yet recovered and A4 is also to be arrested. Therefore, the application for bail is vehemently opposed by the learned Public Prosecutor.
After having heard the submissions made on both sides, I find that the applicant is a young man and he is involved in only one other crime. He has been in custody for a fairly long time and there is nothing to be recovered from him. It is true that he is alleged to have conspired to commit the murder of a 16-year-old boy. He had also wrongfully restrained the deceased and the injured in prosecution of the common BAIL APPL. NO. 4638 OF 2021 4 object of the unlawful assembly of which he was a member. But he was not wielding any weapon. Under the circumstances, I find that further incarceration of the applicant, particularly in these pandemic days may not be necessary. He can be released on bail on stringent conditions. The application is therefore allowed. The applicant is directed to be released on bail on the execution of bond for Rs. 50,000/-(Rupees fifty thousand only) with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court and on following conditions:-
(i) He shall appear before the investigating officer on all Saturdays between 9 a.m. and 12 noon for a period of two months.
(ii) He shall not get involved in similar cases during the currency of the bail.
(iii) He shall not tamper with evidence, intimidate or influence the witnesses.
In case of violation of the bail conditions, the prosecution is at liberty to move for cancellation of the bail before the jurisdictional court.
Sd/-
ASHOK MENON JUDGE rmm