Arun Gopinath v. State of Kerala

1 Bail Application No.23 of 2024 # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ``` THE HONOURABLE MR.JUSTICE C.S.DIAS ``` ``` WEDNESDAY, THE 10[TH] DAY OF JANUARY 2024 / 20TH POUSHA, 1945 BAIL APPL. NO. 23 OF 2024 ``` ``` CRIME NO.1361/2023 OF Koraty Police Station, Thrissur AGAINST THE ORDER/JUDGMENT CRMP 7214/2023 OF JUDICIAL MAGISTRATE OF FIRST CLASS - I, CHALAKUDY ``` ## **`PETITIONER/S:`** ``` ARUN GOPINATH AGED 36 YEARS S/O.GOPINATH, NADUVATHARA HOUSE, KUNNAPPILLY DESOM, MELOOR VILLAGE, CHALAKUDY TALUK, THRISSUR DISTRICT,, PIN - 680311 BY ADVS. N.L.BITTO MITHUL T ANTO ``` ## **`RESPONDENT/S:`** ``` STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 ``` ## **`OTHER PRESENT:`** ``` SMT.SEETHA.S, SENIOR PUBLIC PROSECUTOR ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 2 Bail Application No.23 of 2024 ## **C.S.DIAS,J** **====================== Bail Application No. 23 of 2024 ----------------------------------Dated this the 10[th] day of January, 2024** ## **O R D E R** The application is filed under Section 439 of the Code of Criminal Procedure, 1973, by the second accused in crime No.1361/2023 of the Koraty Police Station, Thrissur, registered against the accused (seven in number) alleging them to have committed the offences punishable under Secs. 341, 323, 324 , 294(b) and 308 read with Sec.149 of the Indian Penal Code. The petitioner was arrested on 28.12.2023. 3 Bail Application No.23 of 2024 2. The prosecution case, in brief, is that: On 25.12.2023 at 2.00 a.m, due to previous animosity, the accused 1 to 7 formed an unlawful assembly and in pursuance of their common object, uttered obscene words towards the defacto complainant and his friends and the first accused hit the defacto complainant with a wooden stick and caused injuries to him. Thus, the accused have committed the above offences. 3. Heard; Sri.N.L Bitto, the learned counsel appearing for the petitioner and Smt.Seetha.S, the learned Public Prosecutor appearing for the respondent. 4 Bail Application No.23 of 2024 4. The learned counsel for the petitioner submitted that the petitioner is totally innocent of the accusations levelled against him. Even going by the prosecution case it was the first accused who inflicted the injury with a wooden stick on the defacto complainant. The petitioner has been languishing in jail since 28.12.2023. The investigation so far as it relates to the petitioner is practically complete. The petitioner is willing to abide by any conditions imposed by this Court. Hence, the petitioner may be released on bail. 5 Bail Application No.23 of 2024 5. The learned Public Prosecutor vehemently opposed the application. She submitted that the investigation is still in progress. The petitioner has criminal antecedents. He has been involved in four other cases. Hence, if the petitioner is released on bail, stringent conditions may be imposed. 6. On an appreciation of the materials placed on record, it is evident from Annexure-1 that it was the first accused who had inflicted injuries on the defacto complainant by hitting him with a wooden stick. The petitioner has been in custody since 28.12.2023, which is more than thirty days. Therefore, I am of the definite 6 Bail Application No.23 of 2024 view that continued detention of the petitioner is unnecessary. Nonetheless, the petitioner is entitled to be enlarged on bail, but subject to stringent conditions. In the result, the application is allowed, by directing the petitioner to be released on bail on him executing a bond for Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties each for the like sum, one of them shall be a native of the State of Kerala, to the satisfaction of the court having jurisdiction, which shall be subject to the following conditions: - (i) The petitioner shall appear before the Investigating Officer on every alternate Saturday 7 Bail Application No.23 of 2024 between 9 a.m. and 11 a.m for a period of one month or till the final report is laid, whichever is earlier. And he shall also appear before the Investigating Officer as and when required; (ii) The petitioner 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 petitioner shall not commit any offence while he is on bail; 8 Bail Application No.23 of 2024 (iv) The petitioner shall surrender his passport, if any, before the court below at the time of execution of the bond. If he has no passport, he shall file an affidavit to the effect before the court below on the date of execution of the bond; (v) 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. 9 Bail Application No.23 of 2024 (vi) Applications for deletion/modification of the bail conditions shall be moved and entertained by the court below. (vii) 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 petitioner is on bail as laid down by the Hon'ble Supreme Court in **Sushila Aggarwal v. State of Delhi and another** [2020 (1) KHC 663]. sks/10.1.2024 sd/- **C.S.DIAS, JUDGE** 10 Bail Application No.23 of 2024 ## **`APPENDIX OF BAIL APPL. 23/2024`** ``` PETITIONER ANNEXURES Annexure 1A TRUE COPY OF THE FIR IN CRIME NO.1361 OF 2023 OF CHALAKUDY POLICE STATION DATED 26/12/2023 Annexure 2A TRUE COPY OF THE ORDER IN CRL.MP.7214 OF 2023 BEFORE THE JFCM, NO.1, CHALAKUDY, DATED 30/12/2023 Annexure 3A TRUE COPY OF THE REMAND REPORT DATED 28/12/2023 ```