Kerala High Court
Subharaj vs State Of Kerala on 31 March, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
FRIDAY, THE 31ST DAY OF MARCH 2023 / 10TH CHAITHRA, 1945
BAIL APPL. NO. 1987 OF 2023
AGAINST THE ORDER/JUDGMENTCRMC 436/2023 OF ADDITIONAL
SESSIONS COURT (ADHOC)-II, ERNAKULAM
CRIME NO.1422/2022 OF PALARIVATTOM POLICE STATION, ERNAKULAM
PETITIONER/IST ACCUSED:
SUBHARAJ, S/O.ASHOKAN,
AGED 44 YEARS,
ASHOKA BHAVAN (VEMBALIL HOUSE), CHALIKKAVATTOM,
VENNALA, ERNAKULAM., PIN - 682028.
BY ADV DENIZEN KOMATH
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031.
2 STATION HOUSE OFFICER,
PALARIVATTOM POLICE STATION (CRIME NO.1422/2022),
PALARIVATTOM POST, ERNAKULAM, PIN - 682025.
SENIOR PUBLIC PROSECUTOR SMT.T V NEEMA
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON
22.03.2023, THE COURT ON 31.03.2023 DELIVERED THE FOLLOWING:
B.A.No.1987/2023 2
A. BADHARUDEEN, J.
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B.A.No.1987 of 2023
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Dated this the 31st day of March, 2023
ORDER
This is an application filed by the 1 st accused in Crime No.1422 of 2022 of Palarivattam Police Station, Ernakulam, under Section 439 of the Code of Criminal Procedure, seeking grant of regular bail.
2. Heard the learned counsel for the petitioner and the learned Public Prosecutor in detail. Perused the report of the Investigating Officer placed by the learned Public Prosecutor.
3. The prosecution case is that at about 2.30 p.m on 06.12.2022, due to previous enmity towards the defacto complainant on the premise that the defacto complainant's friend forwarded a complaint to the Chief Minister of Keala regarding B.A.No.1987/2023 3 drugs business of the accused, the accused herein armed with deadly weapons kidnapped the defacto complainant and his friend Vijayakumar and therefrom their naked photos were taken. They also sprayed pepper spray on the private parts of the defacto complainant and his friend Vijayakumar and manhandled them by using sword stick, knife, etc. Thereafter, the accused herein snatched away a gold ring of the defacto complainant along with HP Laptop, Bluetooth Head set, Hard drive, power bank, shoes and Rs.1 lakh. This is the base on which the prosecution alleged commission of offences punishable under Sections 323, 324, 452, 395, 365, 506(ii) r/w 34 of the Indian Penal Code. Accused Nos.1, 4, 7, 8 and 9 were arrested and have been in custody.
4. While pressing for grant of regular bail to the petitioner, it is submitted by the learned counsel for the petitioner that the allegations are false. According to him, the petitioner was arrested and remanded to judicial custody on 15.01.2023. It is submitted B.A.No.1987/2023 4 that the petitioner/1st accused is a person having liver disease and in consideration of the progress of the investigation and his custody from 15.01.2023, he may be released on bail.
5. The learned Public Prosecutor strongly opposed grant of bail on 3 grounds. First of all it is submitted that the prosecution allegations are very serious. Secondly it is submitted that the investigation is at the primitive stage. Thirdly it is submitted that the petitioner is a person having criminal antecedents and the following crimes were reported showing the involvement of the petitioner.
i) Crime No.1422/2021 u/s 341, 323, 324, 326, 365, 506, 307 & 34 of IPC of Ernakulam Town North Police Station,
ii) Crime No.900/2021 u/s 15(c) of Abkari Act of Njarakkal Police Station.
It is submitted further by the learned Public Prosecutor that if the accused would be released on bail, he would be a threat to the B.A.No.1987/2023 5 witnesses and would interfere with the effective investigation of this crime. The learned Public Prosecutor also pointed out the injuries sustained to Sandeep, the defacto complainant, and Vijayakumar, in this occurrence.
6. On perusal of the case diary, the prosecution allegations are very serious. The wound certificates of Sandeep and Vijayakumar show multiple injuries in consequence of the overt acts, at the instance of the petitioner apart from the fact that the accused herein stollen away gold ring of the defacto complainant and other valuable things.
7. Crystallising the argument advanced by the learned counsel for the petitioner and the learned Public Prosecutor, the petitioner is a person having criminal antecedents and he involved in a very serious crime. However, it appears that the investigation has attained much progress, but the involvement of the petitioner in repeated crimes of heinous nature is a matter of serious concern B.A.No.1987/2023 6 and the same is noted with extreme displeasure. Therefore, grant of bail to the petitioner shall be subject to stringent conditions and one among such conditions is that the petitioner/1 st accused shall not involve in any other offence during the currency of bail and any such event, if reported or came to the notice of this Court, the same alone shall be a reason to cancel the bail hereby granted.
8. Accordingly, the petition stands allowed and the petitioner can be released on bail on the following conditions:
i. Accused/petitioner shall be released on bail on his executing 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 concerned.
ii. Accused/petitioner shall not intimidate the witnesses or tamper with evidence. He shall co-operate with the investigation and shall be available for trial. He shall visit the Investigating Officer on every Monday in between 9 a.m and 12 noon for a B.A.No.1987/2023 7 period of two months and also appear before the Investigating Officer as and when directed.
iii. Accused/petitioner shall not leave India without prior permission of the jurisdictional court.
iv. The petitioner shall surrender his passport, if any, within 7 days from the date of their release, before the trial court. If he has no passports, he shall file an affidavit in this regard on the date of execution of the bond or within 3 days thereafter.
v. Accused/petitioner shall not involve in any other offence during the currency of bail and any such event, if reported or came to the notice of this Court, the same alone shall be a reason to cancel the bail hereby granted.
Sd/-
(A. BADHARUDEEN, JUDGE) rtr/