BiJoy K.P v. State of Kerala

1 Bail Application No. 11611 of 2023 ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ``` THE HONOURABLE MR.JUSTICE C.S.DIAS ``` ``` FRIDAY, THE 5[TH] DAY OF JANUARY 2024 / 15TH POUSHA, 1945 BAIL APPL. NO. 11611 OF 2023 ``` ``` CRIME NO.1224/2023 OF Manimala Police Station, Kottayam PETITIONER/S: ``` ``` BIJOY K.P AGED 38 YEARS S/O RAMACHANDRAN, KOTTUPPALIL HOUSE, VADASSERIKKARA VILLAGE, PATHANAMTHITTA DISTRICT,, PIN - 689662 BY ADVS. M.RISHIKESH SHENOY ANN MARY.V.I ABRAHAM MATHAN ``` ## **`RESPONDENT/S:`** ``` STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 ``` ## **`OTHER PRESENT:`** ``` SMT.NEEMA T.V, SENIOR PUBLIC PROSECUTOR ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 2 Bail Application No. 11611 of 2023 ## **C.S.DIAS,J** **====================== Bail Application No. 11611 of 2023 ----------------------------------Dated this the 5[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 sixth accused in Crime No.1224/2023 of the Manimala Police Station, Kottayam, registered against the accused allegedly them to have committed the offences punishable under Secs.294(b),323, 324, 325, 326, 308, 341, 427,143,144, 147, 148 and 149 of the Indian Penal Code read with Sec.27 of the Arms Act. The petitioner was arrested on 4.12.2023. 3 Bail Application No. 11611 of 2023 2. The prosecution case, in brief, is that: On 30.11.2023 at around 5.45 p.m, the accused (six in number) formed an unlawful assembly with dangerous and with intention to commit weapons culpable homicide blocked the car in which the defacto complainant and his wife were travelling and the first accused hit on the face of the defacto complainant and the second accused hit with wooden stick on the hand of the wife of the defacto complainant. The accused 3 to 5 uttered obscene words and threatened them to kill the defacto complainant and the sixth accused caused damage to the vehicle. Thus, the accused have committed the above offences. 3. Heard; Sri.Rishikesh Shenoy.M, the learned counsel appearing for the petitioner and Smt.Neema 4 Bail Application No. 11611 of 2023 T.V., the learned Public Prosecutor appearing for the respondent. 4. The learned counsel appearing for the petitioner strenuously argued that the petitioner is totally innocent of the accusations levelled against him. Even going by Annexure-1 FIR, the alleged incident occurred on 30.11.2023 and the FIR was lodged only on 2.12.2023. Notwithstanding the delay, there is no overt act alleged against the petitioner. The petitioner has been in judicial custody since 4.12.2023. The investigation in the case is practically complete. Hence, further detention of the petitioner is unnecessary. Therefore, the petitioner may be released on bail. 5. The learned Public Prosecutor vehemently opposed the application. She contended that there is a 5 Bail Application No. 11611 of 2023 specific allegation against the petitioner that he had caused damage to the vehicle. The investigation is still in progress. The accused 1, 3, 4 and 5 have only been arrested today. Therefore, letting off the petitioner on bail at this stage would hamper the investigation. Hence, the application may be dismissed. 6. After bestowing my anxious consideration to the materials on record and specifically taking note of the allegation in the FIR as against the petitioner, that the petitioner has been in the judicial custody since 4.12.2023, which is more than a month now, I do not find any reason for further detention of the petitioner in judicial custody solely for the reason that the other accused have been arrested only today. Therefore, I am 6 Bail Application No. 11611 of 2023 inclined to release the petitioner 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, 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 Saturday between 9 a.m. and 11 a.m for one month and, thereafter, on every alternate Saturday, till the final report is filed. He shall also appear before the Investigating ## Officer as and when required; 7 Bail Application No. 11611 of 2023 (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; (iv) The petitioner shall not enter the jurisdictional limits of the Manimala Police station except for the purpose of appearing before the Investigating Officer, till the final report is filed. 8 Bail Application No. 11611 of 2023 (v) 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; (vi) The petitioner shall furnish his present address as well as his permanent address and mobile phone number to the court below and the Investigating Officer. (vii) 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. Applications for 9 Bail Application No. 11611 of 2023 deletion/modification of the bail conditions shall also be filed before 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 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]. SD/- sks/5.1.2024 **C.S.DIAS, JUDGE** 10 Bail Application No. 11611 of 2023 ## **`APPENDIX OF BAIL APPL. 11611/2023`** ``` PETITIONER ANNEXURES ``` |`Annexure`|`-1`|`TRUE COPY OF THE F.I.R IN CRIME NO. 1224`| |---|---|---| |||`OF 2023 OF MANIMALA POLICE STATION DATED`| |||`02.12.2023`| |`Annexure`|`-2`|`TRUE COPY OF THE ORDER DATED 08.12.2023 IN`| |||`C.M.P.NO. 6105 OF 2023 OF JUDICIAL FIRST`| |||`CLASS MAGISTRATE COURT-II, KANJIRAPILLY`| |`Annexure`|`3`|`TRUE COPY OF THE ORDER DATED 21.12.2023 IN`| |||`CRIMINAL M.P.NO. 3622 OF 2023`| |`Annexure`|`-4`|`THE COPY OF THE SAID AGREEMENT FOR SALE`| |`Annexure`|`-5`|`THE COPY OF THE SAID LEGAL NOTICE DATED`| |||`09.10.2023`| |`Annexure`|`-6`|`TRUE COPY OF THE LEGAL NOTICE DATED`| |||`12.05.2023 WHICH WAS ISSUED BY ANOTHER`| |||`PARTY THAT DEMANDED THE MONEY BACK`| |`Annexure`|`-7`|`. THE COPY OF THE SAID COMPLAINT DATED`| |||`01.12.2023`| |`Annexure`|`-8`|`TRUE COPY OF THE RECEIPT DATED 01.12.2023`| |||`ISSUED FROM THE MANIMALA POLICE STATION`|