Indian Kanoon - Search engine for Indian Law

Kerala High Court

Akash A vs State Of Kerala on 20 April, 2023

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
 THURSDAY, THE 20TH DAY OF APRIL 2023 / 30TH CHAITHRA, 1945
                 BAIL APPL. NO. 2841 OF 2023


PETITIONER/S:

    1    AKASH A
         AGED 20 YEARS
         S/O VIONODAN A, RESIDING AT ALAKKAN
         HOUSE,VELLIKKAL, MORAZHA,MOTTAMAL KANNUR
         DISTRICT,P.I.N, PIN - 670331

    2    ARJUN M
         AGED 33 YEARS
         S/O REMESHAN P., POURNAMI (H), NEAR KADALAYI
         TEMPLE, CHIRAKKAL P.O, KANNUR, PIN - 670011

         BY ADVS.
         J.ABHILASH
         VIMAL BHASKAR


RESPONDENT/S:

         STATE OF KERALA
         SUB INSPECTOR OF POLICE, VALAPATTANAM POLICE
         STATION, KANNUR DISTRICT, THROUGH PUBLIC
         PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM -
         682031, PIN - 682031

OTHER PRESENT:

         SR.PP- SRI. C.N PRABHAKARAN


     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
20.04.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 Bail Appl.No. 2841 of 2023

                                 2




                              ORDER

This petition is filed under Section 439 of the Code of Criminal Procedure.

2. The petitioners are the accused Nos.1 and 2 in Crime No.132/2023 registered by the Valapattanam Police Station, Kannur District. The aforesaid crime was registered alleging offences punishable under Sections 143, 147, 148, 341, 323, 324, 326, 308 and r/w Section 508(ii) of the Indian Penal Code.

3. The prosecution case is that on 04.02.2023 at around 10:45 p.m., accused Nos. 1 to 5 formed themselves into an unlawful assembly, armed with dangerous weapons like sword, iron pipes etc. and physically assaulted the defacto complainant and his friends thereby caused serious injuries to the defacto complainant. The crime was registered in such circumstances and as part of the investigation, the petitioners were arrested on 28.03.2023. Since then, they have been under judicial custody. During the course of investigation, they surrendered on 28.03.2023. Since then they are under detention. This application for regular bail is submitted under such circumstances.

3

4. Heard Sri. Abhilash, the learned counsel appearing for the petitioners and Sri. C.N. Prabhakaran, the learned Public Prosecutor for the State.

5. The learned counsel for the petitioner submits that the petitioners are innocent of all these allegations and they were falsely implicated in the said case. According to him, it was the defacto complainant and his friends who assaulted the petitioner and in connection with the said incident Crime No.145/2023 has already been registered and is pending investigation. According to him the aggressors were the defacto complainant and his friends. He further points out that he is prepared to abide any conditions that may be imposed by this Court and shall co-operate with the investigation.

6. On the other hand, the learned Public Prosecutor opposes the aforesaid application for bail by pointing out that there are specific overt acts alleged against the petitioners herein to the effect that they committed the assault by using dangerous weapons. However, it is pointed out that the petitioners were not involved in any other offences.

7. When considering all the relevant aspects, it can be seen that, there are certain allegations against the petitioners. Bail Appl.No. 2841 of 2023 4 However, the specific case of the learned counsel for the petitioner is that, there is a counter case registered in respect of the very same incident against the defacto complainant and his friends, and the incident occurred due to their aggression. Any how, the fact is that the petitioners are in judicial custody since 28.03.2023 and they have surrendered before the Investigating Officer. When considering all the relevant aspects, I am of the view that, further incarceration of the petitioners may not be necessary. Therefore, the petitioners can be released on bail by incorporating stringent conditions. Accordingly, I deem it appropriate to grant bail with the following conditions.

(i) The petitioners shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One lakh only) each with two solvent sureties for the like sum to the satisfaction of the jurisdictional Magistrate.

(ii) The petitioners shall fully co-operate with the investigation;

(iii) The petitioners shall appear before the investigating officer between 10.00 a.m and 11.00 a.m on every Wednesday until the filing of the final report.

(iv) The petitioners shall also appear before the investigating officer as and when required;

(v) The petitioners shall not commit any offence of similar nature while on bail;

(vi) The petitioners shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or try to tamper with the evidence or influence any witnesses or other persons related to the investigation;

(vii) The petitioners shall not enter into the jurisdiction of Valapattanam Police Station till the filing of final report except for reporting to the police in compliance of the conditions imposed

(viii) The petitioner shall not leave the State of Kerala without the permission of the trial Court;

(ix) The petitioners shall surrender their passport before the Jurisdictional Court if the same is not already seized by the police;

Sd/-

ZIYAD RAHMAN A.A., JUDGE Dxy