BAIL APPLICATION NO. 610 OF 2023, IN THE HIGH COURT OF KERALA AT ERNAKULAM

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: A.BADHARUDEEN, J.
Judgment Date: 2023-02-22
Court Decision / Holding: Bail application allowed for accused Nos.1 and 2 on specific conditions; accused No.3's bail application was dismissed.
Final Disposition: Partly allowed: Accused Nos.1 and 2 granted bail on conditions; Accused No.3 bail application dismissed; order passed on 22.02.2023 by A. Badhrudeen, J.

Parties to the Case

Appellants / Petitioners

Sarath
Arun
Akhil

Respondents

The State of Kerala, represented by Public Prosecutor, High Court of Kerala
The Station House Officer, East Kallada Police Station, Kollam District

Legal Representation & Advocates

Counsels for Petitioners

• Manu Ramachandran
• M. Kiranlal
• R. Rajesh (Varkala)
• Sameer M Nair
• Geethu Krishnan
• Sailakshmi Menon
• Dhanalakshmi V.K.

Counsels for Respondents

• P.G. Manu, Senior Public Prosecutor

Case Synopsis & Summary

This is a regular bail application under Section 439 CrPC filed by three accused in Crime No.1528/2022 of East Kallada Police Station, Kollam. The High Court heard the petition after perusing the case diary and the materials placed by the Public Prosecutor. The prosecution contends that at about 10:45 p.m. on 24 December 2022, the accused, acting in concert with common intention, formed an unlawful assembly armed with deadly weapons, restrained the de facto complainant, and assaulted him at the parking ground of a bar, with the first accused using an ‘idivala’ to inflict injuries, resulting in a comminuted fracture of the nasal bones and related maxillofacial trauma; the offences alleged are under IPC sections 143, 147, 148, 341, 294(b), 323, 324, 326 and 308 r/w 149. The petitioners assert innocence, having been in custody since 25 December 2022, and contend that further custodial interrogation is unnecessary as investigation has progressed. The Public Prosecutor points to the seriousness of the offences and the early stage of investigation; the first and third accused are said to have prior antecedents, while the second accused has no reported antecedents. Noting the gravity of injuries and prima facie evidence, the court nevertheless considers the progress of investigation and duration of custody, and grants bail to accused Nos. 1 and 2 with conditions, while dismissing the bail application of accused No.3.

Provisions of Law Cited

Section 439 of the Code of Criminal Procedure (CrPC)Offences under IPC: 143, 147, 148, 341, 294(b), 323, 324, 326, 308 r/w 149Rule 259(1) of PSO (Police Standing Orders)

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners urged innocence and highlighted that they have remained in custody since 25 December 2022. They submitted that investigation has progressed substantially and continued detention for investigation is unnecessary; second accused has no significant antecedents, while the first and third accused have prior records. They sought regular bail under stringent conditions, asserting they would cooperate with the investigation and would not influence witnesses.

Contentions of Respondents

The State opposed bail, emphasizing the gravity of the alleged offence and the seriousness of the injuries. It noted that the investigation is at a nascent stage and that the first and third accused have rowdy history with multiple antecedents, suggesting risk of tampering with evidence or committing further offences; hence bail should be cautious and accorded only if necessary under strict conditions.

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 WEDNESDAY, THE 22[ND] DAY OF FEBRUARY 2023 / 3RD PHALGUNA,** **1944** **BAIL APPL. NO. 610 OF 2023** **CRIME NO.1528/2022 OF EAST KALLADA POLICE STATION,** ## **KOLLAM** ## **PETITIONERS/ACCUSED NO.1 TO 3 :** **1 SARATH AGED 27 YEARS S/O SHYLAJAN, MUNAMBATHU HOUSE, EAST KALLADA, EAST KALLADA VILLAGE, KOLLAM DISTRICT, PIN - 691502** **2 ARUN AGED 27 YEARS S/O PRASAD, THOTTIKKARA CHARUVIL, THEKKEMURI, EAST KALLADA VILLAGE, KOLLAM DISTRICT, PIN - 691502** **3 AKHIL AGED 32 YEARS S/O ASHOKAN, THOTTIKKARA CHARUVIL, THEKKEMURI, EAST KALLADA VILLAGE, KOLLAM DISTRICT, PIN - 691502** **BY ADVS. MANU RAMACHANDRAN M.KIRANLAL R.RAJESH (VARKALA) SAMEER M NAIR GEETHU KRISHNAN SAILAKSHMI MENON DHANALAKSHMI V.K.** ## **RESPONDENTS/STATE & I.O. :** **1 THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031** B.A.No.610 of 2023 **==> picture [20 x 9] intentionally omitted <==** **2 THE STATION HOUSE OFFICER, POLICE STATION OF EAST KALLADA, KOLLAM DISTRICT, PIN – 691502.** **BY SRI.P.G.MANU, SR.PUBLIC PROSECUTOR** **THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15.02.2023, THE COURT ON 22.02.2023 DELIVERED THE FOLLOWING:** B.A.No.610 of 2023 ..3.. ## **A.BADHARUDEEN, J.** **-------------------------------------------------------B.A.No.610 of 2023 -------------------------------------------------------Dated this the 22[nd] day of February, 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 petitioners who are accused in Crime No.1528 of 2022 of East Kallada Police Station, Kollam. 2. Heard the learned counsel for the petitioners as also the learned Public Prosecutor. 3. I have perused the relevant materials forming part of the case diary produced by the learned Public Prosecutor. 4. The prosecution allegation is that, at B.A.No.610 of 2023 ..4.. 10.45 p.m. on 24.12.2022, the accused persons, after sharing common intention, formed into unlawful assembly armed with deadly weapons, wrongfully restrained the defacto complainant with intention to commit culpable homicide at the parking ground of Kallada bar and uttered obscene words against him. The specific allegation is that the first accused beat the defacto complainant on his face by using an 'idivala' and the same caused fracture on his nasal bone. The allegation against the other accused is that, they also assisted the first accused in his attempt by kicking and fisting the defacto complainant. Pursuant to the occurrence, crime registered alleging commission of offences punishable under Sections 143, 147, 148, 341, 294(b), 323, 324, 326, 308 r/w 149 of the Indian Penal Code. B.A.No.610 of 2023 ..5.. 5. The learned counsel for the petitioners pressed for bail, on the submission that, the petitioners are innocent. He would point out that the petitioners were arrested on 25.12.2022 and they have been in custody since then. Since the investigation has achieved substantial improvement, their custody for the purpose of investigation is not required and therefore, they are liable to be released on bail. 6. The learned Public Prosecutor opposed bail, highlighting the seriousness of the offences alleged to be committed by the accused as well as pointing out the primitive stage of investigation. It is pointed out further that the first and third accused are habitual offenders having involvement in multiple crimes and they are having Rowdy History Sheets, as per Rule 259(1) of PSO being maintained at East Kallada Police Station. But B.A.No.610 of 2023 ..6.. no antecedents reported insofar as the second accused is concerned. 7. In relation to the first accused, Crime No.1099 of 2021 alleging commission of offences punishable under Sections 323, 294(b), 324, 308 and 427 of IPC is pointed out. Four antecedents insofar as the third accused also is pointed out as under: - 1) Crime No.380/2013, U/S.27 of Arms Act - 2) Cr.970/2013, U/s.160 IPC - 3) Cr.1214/14 U/s.323, 324, 294(b), 452, 143, 147 r/w.149 IPC - 4) Cr.530/11, U/s.143, 147, 148, 294(b), 323, 308 r/w 149 IPC of East Kallada PS. 8. In this case, the prosecution allegation as to commission of the offences is well established prima facie, as per the witness statements as well as the B.A.No.610 of 2023 ..7.. medical records forming part of the case diary. It is relevant to note that the defacto complainant sustained comminuted fracture nasal bones, medial wall of right orbit with pneumocephalus and fracture ethmoid with hemosinus and the defacto complainant underwent inpatient treatment for a substantive period. Eventhough the criminal antecedents insofar as the first accused is only one, the third accused is having criminal antecedents as discussed herein above. Therefore, I am not inclined to release him on bail at this stage. Therefore, application of the third accused stands dismissed. 9. Having noticed the progress of investigation and the custody of the first and second accused for the last 58 days, I am inclined to release the first and second accused on bail on conditions and one B.A.No.610 of 2023 ..8.. among the conditions is that the petitioners 1 and 2 shall not commit any offence during currency of this bail and any such involvement is a reason to cancel the bail hereby granted. Accordingly, the bail application at the instance of the third petitioner/third accused stands dismissed. The bail application at the instance of accused Nos.1 and 2 stands allowed on the following conditions: i. The petitioners 1 and 2/accused Nos.1 and 2 shall be released on bail on their executing bond for Rs.50,000/- (Rupees Fifty Thousand Only) each with two solvent sureties, each for the like amount to the satisfaction of the Magistrate court concerned. ii. The petitioners 1 and 2 shall not intimidate the witnesses or tamper with evidence. They shall co-operate with the investigation and shall be B.A.No.610 of 2023 ..9.. available for trial. iii. The petitioners 1 and 2 shall appear before the Investigating Officer as and when directed. iv. The petitioners 1 and 2 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 them from disclosing such facts to the court or to any police officer. v. The petitioners 1 and 2 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 shall be a reason to cancel the bail hereby granted. Sd/- ## **A.BADHARUDEEN, JUDGE** rkj B.A.No.610 of 2023 ..10.. ## **APPENDIX OF BAIL APPL. 610/2023** ## **PETITIONER ANNEXURES** **ANNEXURE A1** **THE TRUE COPY OF THE FIR IN CRIME NO.1528 OF 2022 OF EAST KALLADA POLICE STATION, KOLLAM DISTRICT** ## **ANNEXURE A2** **THE TRUE COPY OF THE WOUND CERTIFICATE NO.3985 DATED 24.12.2022 ISSUED TO THE DE-FACTO COMPLAINANT FROM TALUK HOSPITAL, KUNDARA** ## **ANNEXURE A3** **THE TRUE COPY OF THE REMAND REPORT DATED 26.12.2022 IN CRIME NO.1528 OF 2022 OF EAST KALLADA POLICE STATION, KOLLAM DISTRICT** **ANNEXURE A4 THE TRUE COPY OF THE ORDER DATED 31.12.2022 IN CRL.M.P NO.3075/2022 OF JFMC, SASTHAMCOTTA** **ANNEXURE A5** **THE TRUE COPY OF THE ORDER DATED 13.01.2023 IN CRL.M.P.98/2023 OF JFMC, SASTHAMCOTTA**