Kerala High Court
Prasanth vs State Of Kerala on 17 July, 2020
Author: Ashok Menon
Bench: Ashok Menon
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
FRIDAY, THE 17TH DAY OF JULY 2020 / 26TH ASHADHA, 1942
Bail Appl..No.4196 OF 2020
AGAINST THE ORDER/JUDGMENT IN CRMC 273/2020 OF DISTRICT COURT &
SESSIONS COURT,TRIVANDRUM
CRIME NO.937/2019 OF Maranallor Police Station ,
Thiruvananthapuram
PETITIONER/S:
1 PRASANTH
AGED 33 YEARS
S/O.KRISHNAMMA, RESIDING AT PARAYAN VILAKATHU HOUSE,
PAZHINJIKUZHI, PERUMPAZHUTHOOR
P.O.,THIRUVANANTHAPURAM, KERALA -695 126.
695126
2 RAJESH
AGED 37 YEARS
S/O.RAGHAVAN NAIR, VLATHARATHALAKAL VEEDU,
PAZHINJIKUZHI, PERUMPAZHUTHOOR P.O.,
THIRUVANANTHAPURAM, KERALA - 695 126.
BY ADV. SRI.ARUN CHAND
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682 031.
682031
2 SUB INSPECTOR OF POLICE
MARANALLOOR POLICE STATION, THIRUVANANTHAPURAM RURAL,
THIRUVANANTHAPURAM DISTRICT.
OTHER PRESENT:
SRI.C.N.PRABHAKARAN SR PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
17.07.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No.4196 OF 2020 2
O R D E R
Dated this the 17th day of July 2020 Petitioners are accused 3 and 4 in Crime No.937/2019 of Maranalloor Police Station for having alleging allegedly committed offences punishable under Sections 143, 147, 148, 294(b), 323, 324, 308, 506(ii) and 427 r/w Section 149 of the IPC.
2. The prosecution case in brief is thus: On 05.12.2019 at about 6.15 p.m., at Palakunnu in Maranalloor Village, petitioners were members of an unlawful assembly together with other accused with common object of assaulting the de facto complainant and in prosecution of the common object of the unlawful assembly they committed riot armed with deadly weapons like iron rod and voluntarily caused hurt to the de facto complainant causing injury all over his body and on head and also committed mischief by destroying the motorcycle causing a loss to the tune of Rs.10,000/- to him. The petitioners state that they are innocent and they do not have any criminal antecedents and ready to co-operate with the investigation. Bail Appl..No.4196 OF 2020 3 Accused 1, 2 and 5, to 7 have already been arrested and released on bail. Recovery is complete and hence custodial interrogation of the petitioners is not necessary and they may be released on bail.
3. The learned Public Prosecutor opposes the bail application for the reason that the petitioners were members of unlawful assembly in prosecution of the a common object with other accused and also serious injuries have been caused to the de facto complainant on his head, right knee and his elbow and therefore the petitioners may not be granted an anticipatory bail. However, it is admitted that there is no records regarding the petitioners having any criminal antecedents.
4. Considering the fact that the petitioners do not have antecedent and the fact that the recovery has already been completed, after arresting the remaining accused, I find no reason for the incarceration of the petitioners and custodial interrogation is not necessary. They are willing to co-operate with the investigation. There is no possibility of the petitioners absconding.
Hence the petition is allowed and the petitioners are directed to surrender before the investigating officer within two Bail Appl..No.4196 OF 2020 4 weeks and after interrogation in the event of they being arrested, they shall be released on bail on execution of a bond for Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like amount to the satisfaction of the investigating officer and on following further conditions:
(i) They shall appear before the investigating officer as and when called for,
(ii) They shall not also attempt to influence the witnesses or tamper with evidence.
(iii) They shall not get involved in any other similar crimes during the currency of the bail.
In case of violation of any bail condition, the prosecution is at liberty to apply for cancellation of the bail before the jurisdictional court.
Sd/-
ASHOK MENON JUDGE rmm