Kerala High Court
Balamurugan vs State Of Kerala on 15 July, 2020
Author: Ashok Menon
Bench: Ashok Menon
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
WEDNESDAY, THE 15TH DAY OF JULY 2020 / 24TH ASHADHA, 1942
Bail Appl..No.4092 OF 2020
CRIME NO.629 OF 2020 OF VANDIPERIYAR POLICE STATION , IDUKKI
DISTRICT
PETITIONERS/ACCUSED 1 TO 5:
1 BALAMURUGAN,
AGED 42 YEARS,
S/O.KANNAN,
POABS ESTATE LAYAM,
MANJUMALA PUTHUKKADU BHAGOM,
VANDIPERIYAR KARA,
MANJUMALA VILLAGE,
IDUKKI DISTRICT.
PIN - 685533
2 AYYAPPAN,
AGED 42 YEARS,
S/O.MARIMUTHU,
POABS ESTATE LAYAM,
MANJUMALA UPPER DIVISION,
PUTHUVALVANDIPERIYAR,
IDUKKI DISTRICT.
PIN - 685533
3 VIJAYAKUMAR,
AGED 53 YEARS,
S/O.BHAGANATHAN,
BHAGYABHAVAN,
MANJUMALAPUTHUVAL,
VANDIPERIYAR,
IDUKKI DISTRICT.
PIN - 685533
4 JOHNSON,
AGED 47 YEARS,
S/O.DURAIRAJ,
CHEGUVERA BHAVAN,
A.K.G.COLONY,
ARANAKAL,
VANDIPERIYAR,
IDUKKI DISTRICT.
PIN - 685533
5 YESURAJ,
AGED 39 YEARS,
B.A.No.4092 OF 2020
2
S/O.THANKARAJ,
RAJAMUDI, PUTHUVAL,
POONGAVANAM,
VANDIPERIYAR,
IDUKKI DISTRICT.
PIN - 685533
BY ADVS.
SRI.T.A.UNNIKRISHNAN
SRI.K.K.AKHIL
RESPONDENT/COMPLAINANT:
STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, PIN -682031.
OTHER PRESENT:
SRI.C.N.PRABHAKARAN - SR. PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
15.07.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.No.4092 OF 2020
3
ORDER
Dated this the 15th day of July, 2020 The petitioners are accused 1 to 5 in Crime No.629 of 2020 of Vandiperiyar Police Station, Idukki, for having allegedly committed offences punishable under Sections 143, 147, 148, 341, 294(b), 324, 326, 308, 427, 188 and 269 read with Section 149 of the IPC, Section 118 (A) of the Kerala Police Act and under Section 4(2)(a) of Kerala Epidemic Diseases Ordinance, 2020.
2. The prosecution case in brief is thus: On 23.05.2020, at about 5.30 PM, at Mulamkadu near Georgin Bridge - Grambi road at Vandiperiyar, the petitioners were all members of an unlawful assembly, the common object of which was to assault the defacto complainant, and they blocked a motor cycle, in which the defacto complainant was travelling, hurled abuses at him, in obscene words and thereafter, attacked him with dangerous weapons like iron B.A.No.4092 OF 2020 4 rods and hit him all over the body including his head, which could have proved fatal and thus, they attempted to commit culpable homicide. The petitioners including another person had applied for anticipatory bail before this Court as B.A.No. 3584 of 2020 and this Court had vide order dated 19.06.2020, disposed of that application, directing the petitioner to surrender before the Investigating Officer and to apply for a regular bail before the jurisdictional court. Accordingly, the petitioners surrendered before the Investigating Officer and they were produced before the jurisdictional court after interrogation and recovery, and they applied for a regular bail before the Judicial First Class Magistrate Court-II, Peermade, and the same was dismissed by the court vide order dated 29.06.2020, considering the gravity of the offence involved. The petitioners state that they are innocent. They have been in custody since 29.06.2020. The recovery is already complete and considering the present pandemic situation, they may be released on bail.
B.A.No.4092 OF 2020 5
3. Heard the learned counsel appearing for the petitioners and the learned Public Prosecutor. The learned Public Prosecutor points out that the 1 st accused has two criminal cases pending against him, one of which is for offence of attempted murder under Section 307 IPC. A2 and 5 have one case each against them. Admittedly, accused 3 and 4 do not have any criminal antecedents. The petitioners have been incarcerated since 29.06.2020. The recovery is already complete. Considering the present pandemic situation and the Full Bench decision of this Court in W.P.(C)No.9400 of 2020 (Suo motu), to decongest the jails, I am of the opinion that the petitioners can be released on bail on stringent conditions:
4. Hence, the petition is allowed and the petitioners are directed to be released on bail on execution of bond for Rs.50,000/-(Rupees Fifty thousand only), each with two solvent sureties each for the like amount to the satisfaction of the jurisdictional court and on further conditions:
(i) They shall appear before the Investigating Officer B.A.No.4092 OF 2020 6 on all Saturdays between 10.00am and 12.00pm for a period of three months or till filing of the final report whichever is earlier.
(ii) They shall not intimidate or influence witnesses and tamper with evidence.
(iii) They shall not get involved in similar offences during the currency of the bail period.
In case of breach of any of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail.
The bail application is allowed.
Sd/-
ASHOK MENON JUDGE NR/15/07/20