Adithyan Aravind and Ratheesh Rajan v. State of Kerala and Station House Officer, Punalur Police Station

# `IN THE HIGH COURT OF KERALA AT ERNAKULAM` ``` PRESENT ``` ``` THE HONOURABLE MR.JUSTICE C.S.DIAS ``` ``` FRIDAY, THE 2[ND] DAY OF FEBRUARY 2024 / 13TH MAGHA, 1945 ``` ``` BAIL APPL. NO. 11507 OF 2023 ``` ``` CRIME NO.935/2023 OF PUNALUR POLICE STATION, KOLLAM AGAINST THE ORDER IN CMP 7756/2023 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II(FOREST OFFENCES),PUNALUR ``` ## `PETITIONERS/ACCUSED 4 AND 5:` ``` 1ADITHYAN ARAVIND AGED 19 YEARS S/O.ARAVINDAKSHAN, MULLASSERY VEEDU, KAKKODU P.O, PUNALUR, VTC, VALACODE, PATHANAPURAM, KOLLAM, PIN - 691331 2RATHEESH RAJAN AGED 41 YEARS S/O.RAJAN, MULLASSERY VEEDU, KAKKODU P.O, PUNALUR, VALACODE, KOLLAM, PIN - 691331 BY ADVS. K.SIJU ANJANA KANNATH ``` ## `RESPONDENTS/STATE:` ``` 1STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 2STATION HOUSE OFFICER PUNALUR POLICE STATION, KOLLAM DISTRICT -, PIN - 691305 SR PP SMT NEEMA T V ``` B.A.No. 11507 of 2023 **==> picture [8 x 10] intentionally omitted <==** ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` B.A.No. 11507 of 2023 3 Dated this the 2[nd] day of February, 2024 ## **O R D E R** The application is filed under Section 439 of the Code of Criminal Procedure (‘Code’, for short), 1973, by the accused 4 and 5 in crime No.935/2023 of the Punalur Police Station, Kollam, registered against the accused (five in number), for allegedly committing the offences punishable under Sections 302, 324 and 450 read with Section 34 of the Indian Penal Code. The petitioners had surrendered on 05.12.2023. 2. The essence of the prosecution case is that: around 08.30 p.m, on 27.05.2023, during the annual function of the public library at Kakkode, there arose a quarrel between the first accused and one Viju Viswambaran. The said person slapped the face of the first accused. Then, Sumesh (the deceased) took Viju B.A.No. 11507 of 2023 4 Viswambaran along with him. On getting information that Viju Visambaran was in the house of the deceased, around 00.30 hours on 28.05.2023, the accused 1 to 5 reached the house of the deceased, and the 5th accused knocked on the door. While Viju Viswambaran opened the door, the accused trespassed into the hall of the house and assaulted him. Seeing this, the deceased obstructed them, and he tightly held the second accused. Then, the first accused stabbed on the chest and abdomen of the deceased, causing fatal injuries. The deceased succumbed to injuries on 03.06.2023. Thus, the accused have committed the above offences. 3. Heard; Sri.K. Siju, the learned counsel appearing for the petitioners and Smt.Neema T.V, the learned Public Prosecutor appearing for the respondents. B.A.No. 11507 of 2023 5 4. The learned counsel for the petitioners submitted that the petitioners are totally innocent of the accusation levelled against them. They have been falsely implicated in the crime for the sole reason that the first petitioner/the 4th accused, happens to be the son of the first accused, and the 2[nd] petitioner/the 5[th] accused, happens to be the nephew of the first accused. Even going by the allegations in the first information report as well as the final report, there are no specific overt act alleged against the petitioners other than the mere assertion that the petitioners accompanied the accused 1 to 3. There is also no material on record to prove their complicity. The petitioners have cooperated with the investigation. Nonetheless, the Investigating Officer had deliberately filed a split chargesheet in the case as against the accused 1 to 3, on the allegation that the B.A.No. 11507 of 2023 6 petitioners were absconding. The petitioners had moved an application under Section 438 of the Code, before this Court for an order of pre-arrest bail. This Court had directed the petitioners to surrender before the Investigating Officer. Consequently, the petitioners had surrendered and are in judicial custody since 05.12.2023, which is more than 63 days. This Court released the first accused on bail as per order dated 12.09.2023 in B.A.No.6838/2023, and the accused 2 and 3 as per order dated 05.09.2023 in B.A.No.6835/2023. The recovery has been effected. The investigation in the case is practically complete. The final report has been laid. The petitioners’ further detention is not necessary. Hence, the petitioners may be released on bail. 5. The learned Public Prosecutor seriously opposed the application. She submitted that the B.A.No. 11507 of 2023 7 Investigating Officer has filed a bail objection report, inter alia, contending that since the petitioners were absconding and a split charge was filed against the accused 1 to 3. The case is now pending consideration before the Judicial First Class Magistrate Court, Punalur, as C.P.No.21/2023. The investigation in the case, so far as the petitioners are concerned, is still in progress. On the basis of the complaint filed by the wife of the deceased, the further investigation is transferred to the Special Team under the DYSP, Punalur. Even though the issues that led to the crime were personal in nature, now the matter has become a political issue. The deceased and the petitioners are from different political parties. If the petitioners are let off on bail, there is every likelihood of a breach of law and order in the locality. Therefore, the application may be dismissed. B.A.No. 11507 of 2023 **==> picture [8 x 10] intentionally omitted <==** 6. On a meticulous scrutiny of the materials placed on record, particularly Annexure A1 FIR and Annexure A2 split final report filed against the accused 1 to 3, there is no specific overt act alleged against the petitioners. The only allegation is that they accompanied accused 1 to 3. It is evident from the materials on record that the first petitioner/4th accused is the son of the first accused, and the 2[nd] petitioner/5th accused is the nephew of the first accused. Even though it is alleged that the petitioners were absconding, it can be deduced from Annexure A2 final report that the petitioners were not actually summoned. Subsequently, pursuant to the order passed by this Court, the petitioners surrendered before the Investigating Officer and they were arrested and remanded to judicial custody. Indisputably, the accused 1 to 3 have already been enlarged on bail as per B.A.No. 11507 of 2023 **==> picture [8 x 10] intentionally omitted <==** the orders of this Court. The recovery has been effected and the investigation in the case, so far as the petitioners are concerned, is its fag end. On a conspectus of all the above factors, I am of the view that the petitioners’ continued detention is unnecessary. Hence, I am inclined to allow the bail application. In the result, the application is allowed, by directing the petitioners to be released on bail on them 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, which shall be subject to the following conditions: (i) The petitioners shall appear before the Investigating Officer on every Tuesday and Saturday between 9 a.m. and 11 a.m for a period of one month or till the final report is laid, whichever is earlier. He shall B.A.No. 11507 of 2023 10 also appear before the Investigating Officer as and when required; (ii) The petitioners shall not directly or indirectly make any inducement, threat or procure to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any Police Officer or tamper with the evidence in any manner, whatsoever; (iii) The petitioners shall not commit any offence while he is on bail; (iv) The petitioners shall surrender their passports, if any, before the court below at the time of execution of the bond. If they have no passports, they shall file affidavits to the effect before the court below on the date of execution of the bond; B.A.No. 11507 of 2023 **==> picture [16 x 10] intentionally omitted <==** (v) The petitioners shall furnish their present address and permanent address, and their mobile phone numbers to the court below and the Investigating Officer; (vi) In case of violation of any of the conditions mentioned above, the jurisdictional court shall be empowered to consider the application for cancellation of bail, if any filed, and pass orders on the same, in accordance with law. (vii) Applications for deletion/modification of the bail conditions shall be moved and entertained by the court below. (viii) Needless to mention, it would be well within the powers of the Investigating Officer to investigate the matter and, if necessary, to effect recoveries on the information, if any, given by the petitioner even while the B.A.No. 11507 of 2023 12 petitioner is on bail as laid down by the Hon'ble Supreme Court in **Sushila Aggarwal v. State (NCT of Delhi) and another [2020 (1) KHC 663].** Sd/- **C.S.DIAS, JUDGE** mtk/02.02.24 B.A.No. 11507 of 2023 13 ## `APPENDIX OF BAIL APPL. 11507/2023` ``` PETITIONER ANNEXURES ``` ``` Annexure A1TRUE COPY OF FIR IN CRIME NO.935/2023 OF PUNALUR POLICE STATION DATED 28.5.2023 Annexure A2THE COPY OF RELEVANT PAGES OF FINAL REPORT IN CRIME NO.935/2023 OF PUNALUR POLICE STATION DATED 4.9.2023 Annexure A3THE COPY OF REPORT DATED 25.9.2023 SUBMITTED BY THE INVESTIGATING OFFICER IN CRIME NO.935/2023 OF PUNALUR POLICE STATION BEFORE THE LEARNED MAGISTRATE Annexure A4THE COPY OF THE ORDER IN C.M.P NO.7756/2023 DATED 8.12.2023 ON THE FILE OF JFMC-II (FOREST OFFENCES), PUNALUR ```