Anandhu Prasannan v State of Kerala and Chingavanam Police Station

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: A. Badharudeen
Judgment Date: 2023-03-03
Court Decision / Holding: Bail application stands allowed; the petitioner Anandhu Prasannan is released on bail on a bond of Rs. 50,000 with two solvent sureties of equal amount, subject to conditions: not to intimidate witnesses or tamper with evidence; cooperate with investigation; appear before the IO on Mondays for six weeks; not to induce or promise to any witnesses; surrender passport within seven days if any; and not to involve in any other offence during the currency of the bail. The release is also subject to KAAPA-related orders and monitoring by the jurisdictional court.
Final Disposition: Granted bail

Parties to the Case

Appellants / Petitioners

Anandhu Prasannan

Respondents

State of Kerala represented by Public Prosecutor, High Court of Kerala, Ernakulam
Station House Officer, Chingavanam Police Station, Kottayam District

Legal Representation & Advocates

Counsels for Petitioners

• Biju Antony Aloor
• K.P. Prasanth
• Vishnu Dileep
• T.S. Krishnendu
• Archana Suresh
• Jinson Jacob

Counsels for Respondents

• T. V. Neema (Senior Public Prosecutor)

Case Synopsis & Summary

This bail petition (BAIL APPL. NO. 987 OF 2023) concerns Anandhu Prasannan, the first accused in Crime No. 2491/2022 of the Chingavanam Police Station, Kottayam. The Kerala High Court, Ernakulam, delivered its order on 3 March 2023 after hearing the matter on 17 February 2023. The prosecution alleges that on the night of 8 December 2022, the accused restrained the defacto complainant while travelling in a car, pursued him in another vehicle, and subjected him to beatings with an iron pipe, with the overall incident arising out of animosity regarding contract work allotted to the defacto complainant under KSEB. The first accused is said to have forcefully pulled the complainant from his car; the second accused is alleged to have assaulted with a granite stone, with charges including 294(b), 323, 324, 308, 506(i) and 34 IPC r/w 34. The petitioner’s counsel sought regular bail, citing prolonged custody since 13 December 2022 and progress of investigation. The Public Prosecutor contended the petitioner is a habitual offender with a history of rowdy activities and multiple prior crimes in 2022–2023, justifying continued restraint. The court, noting the seriousness of the allegations but finding the petitioner to be the prime accused and considering custody duration, granted bail with conditions such as bond and sureties, no witness intimidation, cooperation with investigation, regular IO appearances, restrictions on inducement, passport surrender, and KAAPA-related safeguards.

Provisions of Law Cited

Section 439 CrPCSections 294(b), 323, 324, 308, 506(i), 34 IPCSection 107 CrPCSection 3 KAAPASection 9(B)(b) of the Explosives Act

Submissions & Arguments

Contentions of Appellants / Petitioners

The applicant argued for regular bail primarily on grounds of prolonged custody since 13.12.2022 and the progress of investigation. As the prime accused in a serious assault case, he contends that continued detention is unwarranted; the defense urged conditional bail with supervision and compliance with investigation.

Contentions of Respondents

The learned Public Prosecutor opposed bail, highlighting the petitioner’s rowdy history and serious nature of the allegations. He itemized prior crimes (CRs 2751/18, 2129/21, 2491/22, 2511/22) and noted KAAPA proceedings and security measures, contending that release on bail could jeopardize witnesses and investigation given the accused’s history.

Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A. BADHARUDEEN FRIDAY, THE 3[RD] DAY OF MARCH 2023 / 12TH PHALGUNA, 1944** **BAIL APPL. NO. 987 OF 2023 FIR 2491/2022 OF JUDICIAL MAGISTRATE OF FIRST CLASS, CHANGANACHERRY CRIME NO.2491 OF 2022 OF CHINGAVANAM POLICE STATION, KOTTAYAM** ## **PETITIONER/ACCUSED NO.1:** ANANDHU PRASANNAN AGED 25 YEARS, OCC:-KSEB CONTRACT WORK, S/O. PRASANNAN, ATHIRA BHAVAN- HOUSE, POOVENTHURUTH KARA, PANACHIKKADU, POOVENTHURUTH-POST, KOTTAYAM-DISTRICT, PIN – 686 012. BY ADVS. BIJU ANTONY ALOOR K.P.PRASANTH VISHNU DILEEP T.S.KRISHNENDU ARCHANA SURESH JINSON JACOB ## **RESPONDENTS/COMPLAINANT:** 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN – 682031. 2 STATION HOUSE OFFICER CHINGAVANAM POLICE STATION, KOTTAYAM DISTRICT, PIN – 686531. T V NEEMA(SENIOR PUBLIC PROSECUTOR) **THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17.02.2023, THE COURT ON 03.03.2023 DELIVERED THE FOLLOWING:** B.A.No.987 of 2023 ..2.. ## **A.BADHARUDEEN, J.** **-------------------------------------------------------B.A.No.987 of 2023 -------------------------------------------------------Dated this the 3[rd] day of March, 2023** ## **O R D E R** This is an application for regular bail filed under Section 439 of the Code of Criminal Procedure, by the petitioner who is the first accused in Crime No.2491 of 2022 of Chingavanam Police Station, Kottayam. 2. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 3. I have perused the relevant materials forming part of the case diary produced by the learned Public Prosecutor. B.A.No.987 of 2023 ..3.. 4. The prosecution case is that, at about 10.00 p.m. on 08.12.2022, the accused herein wrongfully restrained the defacto complainant, while he was travelling in a car bearing Registration No.KL-14-D4647 driven by the second witness in this crime by following him in another car bearing Registration No.KL05-AZ-3758 near Divankavala at ManippuzhaKaduvakkulam road due to animosity arose out of an occurrence whereby, the first accused deviated from the contract work of KSEB office, which was entrusted to be done by the defacto complainant. Thereafter, the accused herein abused the defacto complainant and caused mental pain. The further allegation is that the first accused forcefully brought out the defacto complainant from his car and beat on his head by using an iron pipe. The allegation as against the second accused is that he B.A.No.987 of 2023 ..4.. also assaulted the defacto complainant by using a granite stone, while attempting to commit culpable homicide not amounting to murder. On this premise, the prosecution alleges commission of offences punishable under Sections 294(b), 323, 324, 308, 506(i) and 212 r/w 34 of the Indian Penal Code. 5. While pressing for grant of regular bail to the petitioner, who has been in custody from 13.12.2022 onwards, the learned counsel for the petitioner pointed out the prolonged custody of the petitioner as well as the progress of investigation are grounds to grant regular bail. 6. Whereas the learned Public Prosecutor zealously opposed bail, on the submission that, the petitioner is a habitual offender and the allegations are very serious. He also pointed out that the petitioner is B.A.No.987 of 2023 ..5.. having criminal antecedents and he has involvement in four crimes as listed hereunder: a. Cr.2751/18 U/s.324, 323, 34 IPC of Chingavanam P.S. b. Cr.2129/21 U/s.511, 436, 427, 34 IPC, 9(B)(b) of Explosive Act of Kottayam East P.S. c. Cr.2491/22 U/s.294(b), 323, 324, 308, 506(i), 34 IPC of Chingavanam P.S d. Cr.2511/22 U/s.330, 342, 348, 363, 365, 294(b), 406(i), 34 IPC of Chingavanam P.S. 7. It is submitted that the petitioner is a person with rowdy history and his name is involved in the Rowdy History sheet opened against him on 03.03.2022 at Kottayam East Police Station and security proceedings under Section 107 of Cr.P.C. is also initiated against him from Kottayam East Police Station. Further B.A.No.987 of 2023 ..6.. Section 3 of KAAPA report also is under preparation. On these grounds, the learned Public Prosecutor zealously opposed bail. 8. On perusal of the case diary along with the report of the Investigating Officer, the allegations are very serious. It is relevant to note that the first accused/the petitioner herein is the prime accused in this crime and the animosity in between the defacto complainant and the first accused led to commission of the crime, as could be seen from the prosecution records prima facie. The history of the petitioner would go to show that he has involvement in very serious offences and this is the third crime committed by him during 2022 itself and fifth crime throughout. 9. In the wound certificate of the defacto complainant, multiple injuries, as a result of the overt B.A.No.987 of 2023 ..7.. acts at the instance of the accused, could be gathered justifying the prosecution allegation that the accused herein brutally manhandled the defacto complainant with intention to commit culpable homicide not amounting to murder. However, taking note of his custody from 13.12.2022 and the progress of investigation, he can be enlarged on bail on conditions and one among the conditions is that the petitioner shall not involve in any other offence during the currency of bail and any such event, if reported or came to the notice of this court, the same alone shall be a reason to cancel the bail hereby granted. Since the petitioner is a person having rowdy history and is under the process of KAAPA, his release shall be subject to orders under the KAAPA. Accordingly, this bail application stands allowed and he is released on bail on the following conditions: B.A.No.987 of 2023 ..8.. i. The petitioner shall be released on bail on his executing bond for Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties, each for the like amount to the satisfaction of the Jurisdictional court concerned. ii. The petitioner shall not intimidate the witnesses or tamper with evidence. He shall co-operate with the investigation and shall be available for trial. iii. The petitioner shall appear before the Investigating Officer as and when directed. He shall meet the Investigating Officer on all Mondays in between 10.00 a.m. and 12 noon without fail, for a period of six weeks. iv. The petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of this case, so as to dissuade him from disclosing such facts to the court or to any police officer. v. The petitioner shall surrender his passport, if B.A.No.987 of 2023 ..9.. any, within 7 days from the date of his release, before the jurisdictional court. If he has no passport, he shall file an affidavit in this regard on the date of execution of the bond or within 3 days thereafter. vi. The petitioner shall not involve in any other offence during the currency of bail and any such event, if reported or came to the notice of this court, the same alone shall be a reason to cancel the bail hereby granted. _Sd/-_ ## **A.BADHARUDEEN, JUDGE** rkj B.A.No.987 of 2023 ..10.. ## **APPENDIX OF BAIL APPL. 987/2023** PETITIONER'S ANNEXURES Annexure1 TRUE COPY OF FIR DATED 09/12/2022. Annexure2 TRUE COPY OF THE ORDER IN CRL.MP NO.97/2023. Annexure3 TRUE COPY OF THE ORDER IN CRL.M.P NO.225/2023 DATED 27/01/2023. Annexure4 TRUE COPY OF THE ORDER IN WPC NO.20961/2022 DATED 25/07/2022.