Kerala High Court
Adarsh @ Thakkali vs State Of Kerala on 19 April, 2022
Author: Kauser Edappagath
Bench: Kauser Edappagath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
TUESDAY, THE 19TH DAY OF APRIL 2022 / 29TH CHAITHRA, 1944
BAIL APPL. NO. 2732 OF 2022
CRIME NO.250/2022 OF ALOOR POLICE STATION, Thrissur
PETITIONERS/ACCUSED 1 TO 9:
1 ADARSH @ THAKKALI
AGED 27 YEARS
S/O. GOPALAKRISHNAN, PAZHANGATTU HOUSE,
KUTTANELLUR VILLAGE,
THRISSUR DISTRICT, PIN - 680014
2 ANSAL HASEEB
AGED 21 YEARS
S/O. MUJEEB RAHMAN,
PUNCHAPARAMBIL HOUSE, PATTEPPADAM,
KUTTANELLUR VILLAGE,
THRISSUR DISTRICT, PIN - 680014
3 SALIH
AGED 22 YEARS
S/O. MUHAMMED HANEEFA,
RAYAM VEETTIL HOUSE, PATTEEPADAM,
KUTTANELLUR VILLAGE,
THRISSUR DISTRICT, PIN - 680014
4 SREENIL @ SREENI
AGED 25 YEARS
S/O. ANILKUMAR,
KALATHU HOUSE, PATTEPPADAM DESOM,
KUTTANELLUR VILLAGE,
THRISSUR DISTRICT, PIN - 680014
5 SULFIKKAR
AGED 27 YEARS
S/O. SUBAIR,
VAZHAKKAMADAM HOUSE, VELLANGALLUR,
BA No.2732/2022
-:2:-
VELLAKKADU DESOM, VADAKKUMKARA VILLAGE,
THRISSUR DISTRICT, PIN - 680662
6 PAVAL JOSH
AGED 20 YEARS
S/O. JOSHY,
THEKKINKATTIL HOUSE, PATTEPPADAM DESOM,
PATTEPPADAM VILLAGE, THRISSUR DISTRICT, PIN -
680662
7 HUSSAIN
AGED 24 YEARS
S/O. MAJEED,
KURIYAPPULLY HOUSE, PATTEPPADAM DESOM,
KUTTANELLUR VILLAGE,
THRISSUR DISTRICT, PIN - 680014
8 MUHAMMED SHAHNAS
AGED 23 YEARS
S/O. SHAMSUDHEEN,
THUNDATHIPARAMBIL HOUSE,
PATTEPPADAM DESOM,
KUTTANELLUR VILLAGE,
THRISSUR DISTRICT, PIN - 680014
9 MIDHUN RAJ @ MIDHUN
AGED 22 YEARS
S/O. RAJU,
MANKIDIYAN HOUSE,
PATTEPPADAM DESOM,
KUTTANELLUR VILLAGE,
THRISSUR DISTRICT, PIN - 680014
BY ADVS.A.C.DEVY
A.M.ABDULLA
K.R.RAMISH
RESPONDENT/COMPLAINANT/STATE:
BA No.2732/2022
-:3:-
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
BY SRI. NOUSHAD K.A. SR. PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
19.04.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
BA No.2732/2022
-:4:-
O R D E R
Dated this the 19th day of April, 2022 This is an application filed u/s 439 of Code of Criminal Procedure seeking regular bail.
2. The petitioners are the accused Nos.1 to 9 in Crime No.250/2022 of Aloor Police Station. The offences alleged are under Sections 341, 323, 506 and 308 r/w 34 of IPC.
3. The prosecution case in short is that on 20/3/2022 at 9.30 p.m., while the petitioners and the de facto complainant were watching the foot ball match between Kerala Blasters an Hyderabad in an LED screen at Pattempadam Centre, the de facto complainant clapped his hands when Hyderabad football scored a goal. Infuriated by this, the petitioners and a group of others criminally intimidated the de facto complainant and assaulted him causing grievous hurt with intention to kill him and thereby committed the offence.
4. Heard both sides and perused the case diary. BA No.2732/2022 -:5:-
5. The learned counsel for the petitioners submitted that the petitioners are absolutely innocent and they have been falsely implicated in the present case. He further submitted that there are no materials to connect the petitioners with the alleged crime and hence they are entitled to get bail. The learned Public Prosecutor opposed the bail application. He contended that the alleged incident occurred as a part of the intentional criminal acts of the petitioners and if the petitioners are released on bail at this stage, it would affect the course of investigation.
6. Perusal of the case diary would reveal that prima facie there are materials on record to connect the petitioners with the crime. However, the petitioners were remanded to judicial custody on 24/3/2022. In view of the nature of the crime and the stage of investigation, I do not find any reason to hold that the continued detention of the petitioners is required for any purpose. The investigation seems to have reached a fair stage. Admittedly, no weapon was used. For all these reasons, the petitioners are entitled to be released on bail on conditions. BA No.2732/2022 -:6:-
In the result, the application is allowed on 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 each to the satisfaction of the jurisdictional Magistrate/Court.
(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 Saturday until further orders. The petitioners shall also appear before the investigating officer as and when required by him.
(iv) The petitioners shall not commit any offence of like nature while on bail.
(v) The petitioners shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or any other way try to tamper with the evidence or influence any witnesses or other persons related to the BA No.2732/2022 -:7:- investigation.
(vi) The petitioners shall not leave State of Kerala without the permission of the trial Court.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
kp True copy
P.A. To Judge