Kerala High Court
Unni Murali vs State Of Kerala on 4 October, 2019
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
FRIDAY, THE 04TH DAY OF OCTOBER 2019 / 12TH ASWINA, 1941
Bail Appl..No.7090 OF 2019
CRIME NO.502/2019 OF KORATTY POLICE STATION, THRISSUR
PETITIONERS/ACCUSED 6 & 7:
1 UNNI MURALI, AGED 25, S/O. MURALI,
THOTTIPARAMBIL HOUSE, THURAVANKARA DESOM,
KANJOOR, VADAKKUMBHAGAM VILLAGE, CHALAKUDY,
THRISSUR DISTRICT.
2 VISHNU JOSHY, AGED 27 YEARS,
S/O. JOSHY, MOOVATTY HOUSE,
KALADY CHENGAL DESOM, VADAKKUMBHAGAM VILLAGE,
CHALAKUDY, THRISSUR DISTRICT.
BY ADV. SRI.RAJIT
RESPONDENT/STATE:
STATE OF KERALA, REPRESENTED BY PUBLIC
PROSECUTOR, HIGH COURT OF KERALA - 682 031
BY PUBLIC PROSECUTOR SRI. D. CHANDRASENAN
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 04.10.2019, ALONG WITH Bail Appl..7097/2019, THE COURT
ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..Nos.7090 & 7097 OF 2019
..2..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
FRIDAY, THE 04TH DAY OF OCTOBER 2019 / 12TH ASWINA, 1941
Bail Appl..No.7097 OF 2019
CRIME NO.502/2019 OF KORATTY POLICE STATION, THRISSUR
PETITIONER/ACCUSED NO.5:
PAUL JULIUS CAESER @ SHANIL,
AGED 33 YEARS, S/O. PETER,
KOCHUTHURUTHEL HOUSE, CHANDIROOR DESOM,
AROOR VILLAGE, ALAPPUZHA,
PRESENTLY RESIDING AT BANCHARA GARDENS,
KONGINI TEMPLE ROAD, NEAR KALOOR STADIUM,
ERNAKULAM.
BY ADVS.
SRI.S.RAJEEV
SRI.K.K.DHEERENDRAKRISHNAN
SRI.V.VINAY
SRI.D.FEROZE
SRI.K.ANAND (A-1921)
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682031,
(CRIME NO. 502/2019 OF KORATTY POLICE STATION,
THRISSUR DISTRICT)
BY PUBLIC PROSECUTOR SRI. RAMESH CHAND
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 04.10.2019, ALONG WITH Bail Appl..7090/2019, THE COURT
ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..Nos.7090 & 7097 OF 2019
..3..
ORDER
These applications are filed under Section 439 of the Cr.P.C.
2. The applicants herein are the accused Nos.5 to 7 in Crime No. 502 of 2019 of the Koratty Police Station registered on 30.07.2019 under Sections 342, 363 & 395 r/w. Section 34 of the IPC.
3. The informant in the aforesaid case is the driver of a lorry bearing Reg.No.TS-12-UB-6222. He had come to Kerala with a consignment. For his return journey to Hyderabad, he obtained an order for transportation of processed meat from Mattancherry. On 29.07.2019 at about 10.30 pm., while the vehicle was parked on the road side, four persons came in an Innova car and by brandishing weapons, took over possession of the lorry. The informant was pulled inside the car. They then proceeded to Chalakkudy. One Sajeev, an employee of AS Traders, who was with the victim, was threatened and he was taken along. Later, the victim and his friend were dropped by the side of the road at 1 am and the accused vanished with the lorry and the meat. It is alleged that the processed meat was having a value of Rs.2 lakhs. Some amounts, which were in the possession of the victims and a couple of mobile phones were taken away by the accused.
4. The victim approached the police on the next day and set the law in motion.
5. In the course of investigation, the Investigating officer got Bail Appl..Nos.7090 & 7097 OF 2019 ..4..
information about the involvement of the applicants. According to the prosecution, the applicants actively aided the principal accused to perpetrate the offences alleged. In the course of the investigation, Section 395 IPC was incorporated.
6. The learned counsel appearing for the 5 th accused submitted that he was arrested in connection with the Crime on 24.09.2019. According to the learned counsel, the applicant was subjected to custodial torture and he suffered a fracture. He would point out that the allegation against the applicant is that he had assisted the rest of the accused to escape from the scene of crime. On the basis of certain random entries in the call data records, the applicant was implicated, submits the learned counsel.
7. The learned counsel appearing for respondents 6 & 7 argued that they have no role and they having been in custody from 25.09.2019 are entitled to be released.
8. The learned Public Prosecutor has strenuously opposed the prayer. It is submitted that additional statement of the victim was recorded and he had stated that the 5th accused had followed the Innova car in another car and the cleaner of the lorry was abducted by him. It is submitted that the allegations are extremely grave.
9. I have considered the submissions advanced and have perused the records made available. It was accused Nos. 1 to 4, who had intercepted the lorry and taken away the processed meat, the mobile phone and cash. Bail Appl..Nos.7090 & 7097 OF 2019 ..5..
The prosecution records reveal that the police custody of the applicants was granted. Substantial progress has been achieved by the investigating agency. Having considered the relevant facts, I am of the view that by imposing stringent conditions, the applicants can be enlarged on bail.
In the result, these applications will stand allowed. The applicants shall be released on bail on their executing a bond for Rs.1,00,000/- (Rupees One lakh 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 shall continue to appear before the Investigating Officer on all Saturdays between 10 a.m. and 11 a.m., for a period of three months.
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.
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
Bka/04.10.2019 //TRUE COPY// P.A. TO JUDGE