Kerala High Court
Praveen Raj vs State Of Kerala on 4 April, 2022
Author: P Gopinath
Bench: P Gopinath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
MONDAY, THE 4TH DAY OF APRIL 2022 / 14TH CHAITHRA, 1944
BAIL APPL. NO. 1742 OF 2022
CRIME NO.1208/2021 OF MANARCADU POLICE STATION, KOTTAYAM DISTRICT
PETITIONER/1ST ACCUSED:
PRAVEEN RAJ
AGED 26 YEARS, S/O. RAJU
KIZHAKKETHIL HOUSE,KUTTIYEKUNNU,
MANARCADU P.O., KOTTAYAM, PIN - 686019
BY ADV V.VISAL AJAYAN
RESPONDENT/STATE:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA
ERNAKULAM, PIN - 682031
2 SARATH TS ( SOUGHT TO BE IMPLEADED )
( SOUGHT TO BE IMPLEADED )
BY ADVS.
PUBLIC PROSECUTOR
V.VISAL AJAYAN
OTHER PRESENT:
SRI.M.C.ASHI ,P P
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
04.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.No.1742/2022 2
ORDER
This is an application for regular bail
2. The petitioner is the 1st accused in Crime No.1208/2021 of Manarcadu Police Station, Kottayam District alleging commission of offences punishable under Sections 294(b), 341, 323, 324 and 308 r/w 34 of the Indian Penal Code.
3. The allegation against the petitioner is that on 06-10- 2021, the petitioner had assaulted the de facto complainant using a helmet and when the de facto complainant fallen down, the 2nd and 3rd accused in the case had beaten and had kicked him and the petitioner ( the 1st accused) had then attempted to stab him with a broken beer bottle.
4. The learned counsel appearing for the petitioner submits that the petitioner is absolutely innocent in the matter. It is submitted that the petitioner has been in custody for 146 days and his continued detention is not necessary for the purposes of any investigation. It is submitted that the final report has already been filed in the matter and is pending as SC.No.121/2022 before the Additional District Court-IV, Kottayam. It is submitted that with reference to Annexure-3 wound certificate that no serious injuries were caused to the de facto complainant and B.A.No.1742/2022 3 unnecessarily non bailable offences have been alleged against the petitioner.
5. The learned Public Prosecutor opposes the grant of bail. It is pointed out that the petitioner is accused in as many as 23 cases, including 3 cases under the NDPS Act. It is submitted that the prosecution has also moved applications for cancellation of bail with earlier cases registered against the petitioner on account of violation of bail conditions. It is submitted that the petitioner is not entitled to be released on bail.
6. Having regard to the facts and circumstances of the case and considering the fact that the petitioner has been in custody for 146 days, I am of the opinion that the petitioner can be granted bail subject to strict conditions. I also make it clear that if the prosecution is initiated proceedings for cancellation of bail in any of the earlier cases in which the petitioner has been released on bail, for violation of bail conditions, this order shall not be treated as interfering with that right of the prosecution in any manner. If an application has been filed by the prosecution for cancellation of bail in earlier cases were bail has been granted to the petitioner on account of violation of bail conditions the same shall be considered on its merits by the Court where such application is filed. B.A.No.1742/2022 4
7. In the result this bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:-
(i) The petitioner shall execute a bond for a sum of Rs.50,000/-
(Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court;
(ii) The Petitioner shall report before the Station House Officer in Crime No.1208/2021 of Manarcadu Police Station, Kottayam District on every Monday & Saturday at 11.00 A.M until further orders;
(iii) The petitioner shall not attempt to interfere with the investigation, influence or intimidate the de facto complainant or any witness in Crime No.1208/2021 of Manarcadu Police Station, Kottayam District;
(iv) The petitioner shall not enter the local limits of Maracadu Police Station except for the purpose of complying with condition No.(ii) above;
(v) The petitioner shall not involve in any other crime while on bail.
B.A.No.1742/2022 5If any of the aforesaid conditions are violated, the Investigating officer in Crime No.1208/2021 of Manarcadu Police Station, Kottayam District may file an application before the jurisdictional Court for cancellation of bail.
Sd/-
GOPINATH P. JUDGE ats.
B.A.No.1742/2022 6
APPENDIX OF BAIL APPL. 1742/2022 PETITIONER ANNEXURES Annexure1 TRUE COPY OF THE ORDER OF THE HON'BLE SESSIONS COURT KOTTYAM IN CRL MP NO.49/2020 DATED 15.1.2022 Annexure2 TRUE COPY OF THE ORDER OF HON'BLE SESSIONS COURT KOTTYAM IN CRL MP NO.302/2022 DATED 14.2.2022 Annexure3 TRUE COIPY OF THE WOUND CERTIFICATE OF THE DEFACTO COMPLINANT NAMED SRATH ISSUED BY THE GENRAL HOSPITAL KOTTAYAM DATED 2.11.2021 Annexure4 TRUE COPY OF THE FIS OF THE DEFACTO COMPLINANT IN CRIME NO 1208/2021 DATED 6.10.2021 Annexure5 TRUE COPY OF THE REMAND REPORT SUBMITTED BY THE SI OF POLICE MANARCADU POLICE STSTION BFORE JFCM-1KOTTYAM DATED 23.12.2021