Kerala High Court
Nirmal Janardhanan @ Kannappan vs State Of Kerala on 31 May, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
TUESDAY, THE 31ST DAY OF MAY 2022 / 10TH JYAISHTA, 1944
BAIL APPL. NO. 4121 OF 2022
CRIME NO.415/2022 OF Pandalam Police Station, Pathanamthitta
AGAINST THE ORDER IN CRMP 1845/2022 OF DISTRICT COURT& SESSIONS
COURT,PATHANAMTHITTA
PETITIONERS/ACCUSED NO.2 AND 3:
1 NIRMAL JANARDHANAN @ KANNAPPAN
S/O JANARDHANAN,AGED 32 YEARS
KOCHUKUTTIYIL THEKKETHIL, PARAKODU P.O,
ADOOR VILLAGE, PATHANAMTHITTA DISTRICT - 691554
2 AJMAL,S/O LATHEEF, AGED 27 YEARS
KOCHUKUTTIYIL THEKKETHIL,
PARAKODU P.O, ADOOR VILLAGE,
PATHANAMTHITTA DISTRICT - 691554
BY ADVS.
MANU RAMACHANDRAN
M.KIRANLAL
R.RAJESH (VARKALA)
T.S.SARATH
SAMEER M NAIR
HARSHA SUSAN SAM
GEETHU KRISHNAN
RESPONDENTS/STATE & I.O.:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA - 682031
2 THE STATION HOUSE OFFICER
PANDALAM POLICE STATION,
PATHANAMTHITTA DISTRICT - 689501
BY ADV PUBLIC PROSECUTOR SRI M.C.ASHI
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
31.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BA No.4121 of 2022 2
VIJU ABRAHAM, J.
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B.A. No.4121 of 2022
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Dated this the 31st day of May, 2022
ORDER
This is an application for regular bail.
2. Petitioners are accused 2 and 3 in Crime No.415 of 2022 of Pandalam Police Station alleging commission of offences punishable under Sections 120B, 144, 324, 326, 307 and 506(ii) read with Section 149 of the Indian Penal Code (in short, "IPC"). Prosecution allegation is that due to previous enmity 1st accused and others conspired together and on 05.04.2022 reached the school ground of St.Pauls School, Nariyapuram in three cars and they ran over the defacto complainant and caused injury. Thereafter the accused 1 to 3 inflicted injuries to him using dangerous weapons.
3. Heard the learned counsel for the petitioners as well as the learned Public Prosecutor.
4. Learned counsel for the petitioner submitted that accused 2 and 3 are totally innocent of the charges levelled against them and they were arrested on 15.04.2022 and are in custody from that date. They earlier moved bail application before the Sessions Court as Crl.M.P.No.1845 of 2022 which was dismissed as per Annexure-A2 BA No.4121 of 2022 3 order. It is contended that this Court has granted bail to accused 1, 4, 5 and 8 as per Annexure-A3 order dated 19.05.2022.
5. Learned Public Prosecutor, upon instructions, submitted that the vehicle which ran over the defacto complainant was driven by the 2 nd accused and that as per the instruction of the 1 st accused, the 2nd accused caused serious injuries to the defacto complainant by using a sword and that the 3rd accused has also inflicted injuries to the defacto complainant by using a steel rod. It is also submitted by the learned Public Prosecutor that the key of the vehicle bearing registration No.KL 38 A 1323 was recovered from the 3 rd accused who is the 2nd petitioner herein. Learned Public Prosecutor also submitted that the earlier application filed by the petitioners was dismissed by the Sessions Court, Pathanamthitta as per Annexure-A2 order in which it was specifically noted that the injured is undergoing treatment and that due to the serious physical condition, the dying declaration of the injured could not be recorded. It is also submitted that accused 2 and 3 who are petitioners herein are involved in various other crimes and as regards the 2 nd accused (1st petitioner herein), he is also involved in Crime Nos.(i) 249 of 2011 (punishable under Sections 143, 147, 148, 149, 294(b), 341 and 427 IPC), (ii) 588 of 2013 (punishable under Sections 427, 143, 147, 148, 448, 294(b), 506(ii), 324 and 308 read with Section 149 IPC), (iii) 1391 of 2013 (punishable under Sections 323, 341 read with Section 34 BA No.4121 of 2022 4 IPC), (iv) 401 of 2014 (punishable under Sections 143, 147, 148, 149, 341, 294(b), 427 and 307 IPC, (v) 2478 of 2015 (punishable under Sections 506(i), 294(b) and 323 read with Section 34 IPC, (vi) 3223 of 2015 (punishable under Sections 143, 147, 148, 149, 341, 323, 326 and 324 IPC and (vii) 3062 of 2020 (punishable under Sections 143, 147, 148, 149, 188, 269, 118(e), 4(2)(e), 42(j), 3(e), 51(c), 51(b) of KEDO) of Pathanamthitta Police Station; Crime Nos.(i) 717 of 2009 (punishable under Sections 143, 147, 452 and 323 read with Section 149 IPC), (ii) 379 of 2010 (punishable under Sections 41(1)(d) and 102 IPC), (iii) 380 of 2010 (punishable under Section 379 read with Section 34 IPC) and (iv) 1408 of 2021 (punishable under Sections 326 and 308 IPC) of Adoor Police Station and Crime No.3198 of 2015 (punishable under Sections 341, 326, 427, 323 and 324 read with Section 34 IPC) of Thiruvalla Police Station and that proceedings under Section 107 of the Code of Criminal Procedure was also issued by the Sub Divisional Magistrate Court, Adoor. Whereas the 3rd accused (2nd petitioner herein) is also involved in Crime Nos.(i) 2206 of 2016 (punishable under Section 117(e) of KP Act), (ii) 203 of 2018 (punishable under Sections 341, 294(b), 323, 324 and 341 IPC), (iii) 1860 of 2020 (punishable under Sections452, 294(b), 323 and 427 read with Section 34 IPC), (iv) 1862 of 2020 (punishable under Sections 323, 341, 332 and 353 read with Section 34 IPC), (v) 1928 of 2020 (punishable under Sections 143, 147, 148, 149, BA No.4121 of 2022 5 506, 294(b) and 308 IPC), (vi) 2646 of 2020 (punishable under Sections 294(b), 447 and 506 IPC and Section 27 of Arms Act), (vii) 2850 of 2020 (punishable under Section 20(B) II A of NDPS Act) and (viii) 216 of 2022 (punishable under Section 20(B) II A of NDPS Act) and that proceedings under Section 107 of the Code of Criminal Procedure was also issued by the Sub Divisional Magistrate Court, Adoor. Learned Public Prosecutor, upon instruction, submitted that the petitioners are involved in various other criminal cases and therefore, if they are released on bail, there is every chance of intimidating the witnesses and destruction of evidence. Learned Prosecutor also submitted that investigation in the crime is in progress.
Taking into consideration all these aspects and having regard to the facts and circumstances involved in this case, I feel that the petitioners are not entitled for bail at present. Therefore, the present bail application is accordingly dismissed.
Sd/-
VIJU ABRAHAM JUDGE cks BA No.4121 of 2022 6 APPENDIX OF BAIL APPL. 4121/2022 PETITIONER ANNEXURES Annexure A1 THE TRUE COPY OF THE REMAND REPORT DATED 16.04.2022 FILED BY THE 2ND RESPONDENT IN CRIME NO.415 OF 2022 OF PANDALAM POLICE STATION, PATHANAMTHITTA DISTRICT Annexure A2 THE TRUE COPY OF THE ORDER DATED 17.05.2022 IN CRL.MP NO.1845/2022 OF SESSIONS COURT, PATHANAMTHITTA Annexure A3 THE TRUE COPY OF THE COMMON ORDER DATED 19.05.2022 IN B.A NO(S).3714, 3717 & 3722 OF 2022