Kerala High Court
Adithyan vs The State Of Kerala on 28 June, 2018
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
THURSDAY, THE 28TH DAY OF JUNE 2018 / 7TH ASHADHA, 1940
Bail Appl..No. 4221 of 2018
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CRIME NO.402/2018 OF MEENAKSHIPURAM POLICE STATION, PALAKKAD
PETITIONERS/ACCUSED NOS.1 TO 6:
1 ADITHYAN, AGED 23 YEARS,
S/O. KRISHNANKUTTY, PLACHIMADA,
KANNIMARI, CHITTUR, PALAKKAD.
2 RATHEESH, AGED 26 YEARS,
S/O.RAJAN, PLACHIMADA,
KANNIMARI, CHITTUR, PALAKKAD.
3 SREEJITH, AGED 24 YEARS,
S/O.RAJAN, PLACHIMADA,
KANNIMARI, CHITTUR, PALAKKAD.
4 PRAVEENKUMAR, AGED 23 YEARS,
S/O.CHANDRAN, CHAMIYARKALAM,
KANNIMARI, CHITTUR, PALAKKAD.
5 GIREESH, AGED 30 YEARS,
S/O.MANI, CHAMIYARKALAM,
KANNIMARI, CHITTUR, PALAKKAD.
6 VISHNU, AGED 24 YEARS,
S/O.MURALEEDHARAN, KALYANPETTA,
KANNIMARI, CHITTUR, PALAKKAD.
BY ADV.SRI.V.A.JOHNSON (VARIKKAPPALLIL)
RESPONDENT/COMPLAINANT:
THE STATE OF KERALA,
REPRESENTED BY PUBIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682031.
BY PUBLIC PROSECUTOR MR.C.N.PRABHAKARAN
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28-06-2018, THE COURT
ON THE SAME DAY PASSED THE FOLLOWING:
KRJ
RAJA VIJAYARAGHAVAN V, J
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B.A No.4221 of 2018
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Dated this the 28th day of June, 2018
ORDER
This application is filed under Section 439 of the Code of Criminal Procedure.
2. The applicants herein are the accused Nos. 1 to 6 in Crime No.402 of 2018 of the Meenakshipuram Police Station, registered under Sections 143, 147, 148, 341, 324 and 308 r/w. Section 149 of the Indian Penal Code.
3. According to the prosecution, the accused had previous enmity towards the de facto complainant. On 19.5.2018 at about 7.30 P.M., the applicants 2 to 6, under the leadership of the 1st applicant, formed an unlawful assembly and in prosecution of their common object, wrongfully restrained the de facto complainant and unleashed a brutal onslaught with weapons. He is alleged to have sustained serious injuries.
4. The learned counsel appearing for the applicants asserted that the applicants are innocent. According to the learned counsel, they were roped in without a cause. B.A No.4221 of 2018 2
5. Per contra, the learned Public Prosecutor submitted that the applicant Nos. 1 and 2 are persons with criminal antecedents. The 1st applicant is a habitual offender involved in as many as 10 Crimes which include heinous offenses such as ones under Sections 307 and 308 of the IPC. Proceedings under Section 107 of the Cr.P.C. has been initiated against him on more than one occasion. Insofar as the 2nd applicant is concerned, he is involved in a Crime registered under Section 307 of the IPC.
6. I have considered the submissions advanced. In view of the antecedents of the applicant Nos. 1 and 2, I am not inclined to allow this application insofar as they are concerned. However, insofar as applicant Nos. 3 to 6 are concerned, this application will stand allowed.
7. The applicants 3 to 6 shall be released on bail on their executing a bond for Rs.50,000/-(Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction. The above order shall be subject to the following conditions:
1).The applicants 3 to 6 shall continue to appear B.A No.4221 of 2018 3 before the Investigating Officer on every Saturdays between 9 a.m. and 1 p.m., for a period of 3 months from today or until final report is filed, whichever is earlier.
2).They shall not intimidate or attempt to influence the witnesses; nor shall they tamper with the evidence.
3). They shall not commit any offence while they are on bail.
4).They shall not leave India without the permission of the Court and if having passport, shall deposit the same before the Trial Court within a week; If release of the passport is required at a later period, the applicants shall be at liberty to move appropriate application before the Court having jurisdiction.
In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law.
Sd/-
RAJA VIJAYARAGHAVAN V, JUDGE ps/28/6/18 //true copy// P to Judge .S