## _`IN THE HIGH COURT OF KERALA AT ERNAKULAM`_
## _`PRESENT`_
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THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
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TUESDAY, THE 21[ST] DAY OF MARCH 2023 / 30TH PHALGUNA, 1944
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## _`BAIL APPL. NO. 1319 OF 2023`_
## _`PETITIONER:`_
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BABURAJ
AGED 34 YEARS
S/O RAMAN, MELEPURATH VEEDU, GURUDEVA NAGAR, VADANAMKURUSSI P.O,
SHORNUR, PALAKKAD DISTRICT., PIN - 679124
BY ADVS.
O.V.MANIPRASAD
JOSE ANTONY
HARIKRISHNAN P.
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## _`RESPONDENTS:`_
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1STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN -
682031
2THE SUB INSPECTOR OF POLICE
SHORNUR POLICE STATION, SHORNUR P.O, PALAKKAD DISTRICT., PIN -
679121
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## _`OTHER PRESENT:`_
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SR PP T V NEEMA
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THIS BAIL APPLICATION HAVING COME UP FOR
ADMISSION ON 21.03.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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B.A. No. 1319 of 2023
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## **O R D E R**
## **Dated this the 21[st] day of March, 2023**
This is an application for regular bail filed by the 1[st] accused in Crime No. 93 of 2023 of Shornur Police Station, Palakkad.
2. Heard the learned counsel for the petitioner as well as the learned Public Prosecutor. Perused the case diary as such along with the copy of the wound certificate, placed by the learned Public Prosecutor.
3. The prosecution allegation is that at about 10.25 am on 30.01.2023, the accused herein wrongfully restrained the _de facto_ complainant with intention to cause grievous hurt and thereby they jointly attacked the _de facto_ complainant, and in consequence of the above overt acts, the _de facto_ complainant sustained serious injuries including fracture. The specific allegation is that when the _de facto_ complainant reached the
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B.A. No. 1319 of 2023
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place of occurrence, (Baburaj, the petitioner herein) threw yellow coloured substance against his tipper lorry bearing Registration
No. KL- 08 AZ 915 and the same caused damages to the tipper lorry. Thereafter, the other accused wrongfully restrained the _de facto_ complainant, then Baburaj beat on the face of the _de facto_ complainant by using a bangle. This is the basis on which the prosecution alleges the commission of offences punishable under Sections 341, 323, 326, and 427 read with 34 of the IPC.
4. The learned counsel appearing for the petitioner submitted that the petitioner is innocent and the allegations are false. He also pointed out that the petitioner has been in custody from 01.02.2023 where the investigation has achieved much progress as reasons for granting regular bail to the petitioner.
5. The learned Public Prosecutor opposed grant of bail specifically pointing out the criminal antecedents of the petitioner and asserting that this is the 16[th] crime alleged to be
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committed by the petitioner. It is also submitted that as a result of the overt acts at the instance of the petitioner, nasal bone fracture sustained to the _de facto_ complainant. Therefore, the complicity of the petitioners is well established in this crime. The learned Public Prosecutor also submitted that if the petitioners would be released on bail, they would repeat crimes.
## 6. The following are the crimes:-
_`1.` Cr. 580/2008, 307 IPC & Sec. 3(2) (V) of SC ST POA Act._
_2. Cr. 686/2010, U/s 8(2) 55(g) of Abkari Act & Sec 27 of the Arms Act._
_3. Cr. 446/09 U/s 341, 323, 324, 326 IPC._
_4. Cr. 687/2010, U/s 143, 147, 148, 342, 323, 324, 308, 506 (ii) r/w 149 IPC._
_5. Cr. 377/2011, U/s 341, 323, 294(b), r/w 34 IPC._
_6. Cr. 611/2011, U/s 107 CrPC._
_7. Cr. 858/2013, U/s 341, 323, 294(b), 506(i), 452, 354(B)_
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B.A. No. 1319 of 2023
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## _r/w 34 IPC._
_8. Cr. 134/2014, U/s 341, 323, 324 r/w 34 IPC._
_9. Cr. 247/2015, U/s 107 CrPC._
_10. Cr. 689/2015, U/s 341, 394 r/w 34 IPC._
_11. Cr. 128/2017, U/s 151 CrPC._
_12. Cr. 403/2018, U/s 341, 324 r/w 34 IPC._
_13. Cr. 752/2014, U/s 57 of KP Act altd into Sec 376 IPC Sec 3(1)(XI), 3[(1)(2)(V)] Valanchery PS._
_14. Cr. 983/2020, U/s 20 (b) (ii)(A) 22 (b) NDPS Act Viyyur PS._
_15. Cr. 1698/2020, U/s. 279, 338 IPC Kunnamkulam PS._
7. The perusal of the prosecution case records, it could be noticed that the _de facto_ complainant sustained fracture of the nasal bone since he was attacked by the petitioner by using a bangle. In the copy of the wound certificate, hair lifts nasal bone fracture (right) along with tenderness over the dorsum of the chin (right side) is noted. Thus the prosecution case is
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well-established _prima facie_ . The criminal antecedents of the petitioner also are very serious. In fact, the involvement of the petitioner in repeated crimes is noted with extreme displeasure and anxiety. However, in consideration of his custody for the last fifty days and the progress of investigation, the petitioner can be enlarged on regular bail on imposing stringent conditions and one among the conditions is that, the petitioners shall not involve in any other offence during the currency of bail hereby granted and any such involvement, if reported, or came to the notice of this court, the same alone shall be a ground to cancel the bail hereby granted.
Therefore, the petition stands allowed. The petitioners are enlarged on bail on conditions:-
i. The petitioner shall be released on bail on his executing bond for Rs.50,000/(Rupees Fifty Thousand Only) with two
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B.A. No. 1319 of 2023
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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,
- apart from appearing before the Investigating
- Officer on all Mondays between 9 am and 10
- am, for a period of three months.
- 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 office
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B.A. No. 1319 of 2023
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v. The petitioner shall not involve or indulge in any other offence, during the currency of bail hereby granted and any such involvement, if reported, or came to the notice of this court, the same alone shall be a
ground to cancel the bail.
The bail application is allowed as above.
**Sd/-**
**A. BADHARUDEEN JUDGE**
RMV
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B.A. No. 1319 of 2023
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## _`APPENDIX OF BAIL APPL. 1319/2023`_
|_`PETITIONER ANNEXURES`_||
|---|---|
|_`Annexure A1`_|_`A TRUE COPY OF THE F.I.R IN CRIME NO. 93/2023 OF`_|
||_`SHORNUR POLICE STATION`_|
|_`Annexure A2`_|_`A TRUE COPY OF THE F.I STATEMENT DATED 31.01.2023 IN`_|
||_`CRIME NO. 93/2023 OF SHORNUR POLICE STATION`_|
|_`Annexure A3`_|_`A CERTIFIED COPY OF THE ORDER DATED 08.02.2023 IN`_|
||_`CRL.M.P. NO. 1394/2023 OF JUDICIAL FIRST CLASS`_|
||_`MAGISTRATE COURT - I, OTTAPALAM`_|
|_`Annexure A4`_|_`A TRUE COPY OF THE ACCIDENT REGISTER CUM WOUND`_|
||_`CERTIFICATE DATED 30.01.2023 ISSUED BY THE ASSISTANT`_|
||_`SURGEON, TALUK HEAD QUARTERS HOSPITAL, PATTAMBI`_|
|_`Annexure A5`_|_`A TRUE COPY OF THE JUDGMENT DATED 20.06.2016 IN W.P.`_|
||_`(CRL.) NO.143/2016 OF THIS HON'BLE COURT`_|
## _`TRUE COPY`_
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P.A.TO JUDGE
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