Harikrishnan v. State of Kerala (Bail Applications No. 7274 of 2023 and 7067 of 2023)

BA Nos.7274 & 7067 of 2023 1 ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.`** ``` WEDNESDAY, THE 25[TH] DAY OF OCTOBER 2023 / 3RD KARTHIKA, 1945 BAIL APPL. NO. 7067 OF 2023 ``` ``` CRIME NO.1474/2021 OF NEYYARDAM POLICE STATION, THIRUVANANTHAPURAM AGAINST THE ORDER/JUDGMENT CMP 249/2023 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,KATTAKADA ``` ## **`PETITIONER/9TH ACCUSED:`** ``` HARIKRISHNAN AGED 23 YEARS S/O BIJU, KUNNIL VEEDU, PANNIYODE, VEERANAKAVU VILLAGE, THIRUVANANTHAPURAM DISTRICT,, PIN - 695575 ``` ``` BY ADV M.R.SASITH ``` ## **`RESPONDENT/STATE & COMPLAINANT:`** ``` 1STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2STATION HOUSE OFFICER NEYYARDAM POLICE STATION, THIRUVANANTHAPURAM, PIN - 695572 ``` ## **`OTHER PRESENT:`** ``` SRI.P.G.MANU(MAMMALASSERY), SR.PP T V NEEMA SR PP ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16.10.2023, ALONG WITH BAIL APPL..7274/2023, THE COURT ON 25.10.2023 DELIVERED THE FOLLOWING: ``` BA Nos.7274 & 7067 of 2023 2 ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. ``` ``` WEDNESDAY, THE 25[TH] DAY OF OCTOBER 2023 / 3RD KARTHIKA, 1945 BAIL APPL. NO. 7274 OF 2023 ``` ``` CRIME NO.1473/2021 OF NEYYARDAM POLICE STATION, THIRUVANANTHAPURAM AGAINST THE ORDER/JUDGMENT CMP 2272/2021 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,KATTAKADA ``` ## **`PETITIONER/7TH ACCUSED:`** ``` HARIKRISHNAN AGED 23 YEARS S/O BIJU, KUNNILVEEDU, PANNIYODE, VEERANAKAVU VILLAGE, THIRUVANANTHAPURAM DISTRICT,, PIN - 695575 ``` ``` BY ADV M.R.SASITH ``` ## **`RESPONDENT/STATE & COMPLAINANT:`** ``` 1STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 ``` ``` 2STATION HOUSE OFFICER NEYYARDAM POLICE STATION, THIRUVANANTHAPURAM,, PIN – 695572 ``` ``` SRI.P.G.MANU(MAMMALASSERY), SR.PP T V NEEMA SR PP ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16.10.2023, ALONG WITH BAIL APPL..7067/2023, THE COURT ON 25.10.2023 DELIVERED THE FOLLOWING: ``` BA Nos.7274 & 7067 of 2023 3 ## **MOHAMMED NIAS C.P., J** **.........................................................…………..** ## **Bail Application Nos.7067 and 7274 of 2023** ........................................................…………………. Dated this the 25[th] day of October, 2023 ## **ORDER** These applications are filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail. 2. In B.A. No.7067/2023, the petitioner is the 9th accused in crime No.1474/2021 of Neyyardam police station, Thiruvananthapuram, for offences punishable under Sections 141, 143, 144, 147, 148, 120B, 294(b), 324, 353 and 307 read with 149 of the IPC, whereas in B.A.No.7274/2023, the petitioner is the 7th accused in crime No. 1473/2023 registered in the same police station for offences under Sections 141, 143, 144, 147, 148, 294(b), 341, 324, 332 and 307 read with 149 of the IPC. 3. The prosecution case is that, on 16.7.2021 at about 01.30 hours, the petitioner and other accused persons, with a common intention to cause death of the de facto complainant, a police officer, and others in a police jeep, formed themselves into an unlawful assembly armed with deadly weapons like sword, chopper and explosives in three bikes by showering abusive language apart from calling out loudly to set fire on the police jeep near the police party who were checking the vehicles. After that, the first accused BA Nos.7274 & 7067 of 2023 4 hurled a petrol bomb at the police jeep bearing Regn.No.KL-01-BR-9374, and others pelted stones on the de facto complainant police officer and other police officials on duty, where the de facto complainant suffered grievous injury on his head due to the continuous pelting of stones by the accused causing obstruction to their official duty. It is alleged that if the police had not moved the vehicle from the place, the accused would have thrown a bomb against the de facto complainant and other police officers, and thus, they have committed the aforesaid offences. Petitioner was arrested on 01-02-2023. 4. As regards Crime No.1473/2021, the petitioner was granted bail on 15.12.2021. Later, CMP 2369/2021 was filed seeking cancellation of the bail for violating a condition of appearing before the Investigating Officer and also for getting involved in the following crime during the currency of the bail: Maranalloor police station registered crimes such as (1) Crime No. 1961/2021 under Sections 141, 143, 144, 147, 148, 294(b), 427 and 506(ii) read with 149 IPC, Section 27 of Arms Act and Section 5 of Prevention of Damage to Private Property and Payment of Compensation Act and (2) Crime No.1962/2021 under Sections 141, 143, 144, 147, 148, 294(b) and 353 r/w 149 IPC, Section 3 of PDPP Act and Section 27 of Arms Act. Therefore, his release on bail is sought to be cancelled. 5. In crime No.1474/2021, statutory bail was granted on 22.10.2021. Later, CMP 370/2022 was filed seeking cancellation of the bail for violating a condition of appearing before the Investigating Officer and also for getting BA Nos.7274 & 7067 of 2023 5 involved in the following crime during the currency of the bail: Maranalloor police station registered crimes such as (1) Crime No. 1961/2021 under Sections 141, 143, 144, 147, 148, 294(b), 427 and 506(ii) read with 149 IPC, Section 27 of Arms Act and Section 5 of Prevention of Damage to Private Property and Payment of Compensation Act and (2) Crime No.1962/2021 under Sections 141, 143, 144, 147, 148, 294(b) and 353 r/w 149 IPC, Section 3 of PDPP Act and Section 27 of Arms Act. 6. The learned counsel for the petitioner submits that continued custody of the petitioner is unnecessary. He cites **Rajeev v. State of Kerala (2023 KHC Online 417),** which was also a case of an accused in crime No.1474/2021, whose bail was cancelled for having been involved in a subsequent crime. In that case, this Court found that he was already released on bail in the subsequent case. 7. The learned Public Prosecutor opposes the bail applications, pointing out that seven antecedents are reported against the 7[th] accused. 8. After considering the rival submissions, it is to be noted that the judgment in **Rajeev** _(supra)_ has no application in the facts of this case as in that case, the learned Judge has clearly found that in the subsequent case in which the accused got involved during the currency of the bail, he was granted bail. In the present case, in both the cases where bail was granted to the petitioner, he got involved in crimes in violation of the conditions granting bail apart from the other antecedents. The ratio in **Rajeev** _(supra)_ does not have an application to the facts of the case. BA Nos.7274 & 7067 of 2023 6 9. The report submitted by the Public Prosecutor for objecting to the bail states that the petitioner is an accused in the following cases:- ## **Neyyardam Police Station** (1)Crime 1466/2021,U/Sec.141,143,144,147,148,149,294(b),452,324,427,308 IPC and 5 & 6 of Kerala Prevention of damage to private Property & Payment of Compensation Act 2019. - (2)Crime 1474/2021, U/Sec. 141,143,144,147,149,294(b),324,353 IPC & Sec. 3 & 4 OF PDPP Act & 3 and 5 Explosive Substance Act. ## **Kattakada Police Station** - (1)Crime 282/2020,U/Sec. 294(b),323,324,308& 34 IPC. - (2) Crime 3424/2020,U/Sec. 143,147,148,294(b),323,324,332,149 IPC, Sec. 27 of Arms Act, 3(1) of Prevention of Damage to Public Property Act 1984. ## **Nemom Police Station** Crime 1049/2019, U/Sec.452.294(b),323.324,308,34 IPC & Sec. 27 of Arms Act. ## **Maranalloor Police Station** (1)Crime 1961/2021, U/Sec.141.142,143,144,149,294(b),427,506(ii) IPC and Sec. 5 of Kerala Prevention of Damage to Private Property & Payment of Compensation Act 2019 and 27 of Arms Act. (2) Crime 1962/2021, U/Sec. 143,144,147,148,149,294(b),353 IPC & Sec. 3 of PDPP Act and Sec. 27 of Arms Act. 10. The report also states that the petitioner’s activities were anti- social; he has the tendency to continuously commit offences to endanger the BA Nos.7274 & 7067 of 2023 7 life and property of the public, he is on the rowdy list of Kattakkada police station, detention orders under KAAPA was also issued. Under such circumstances, I am not inclined to grant bail to the petitioner as the accused has been continuously misusing the liberty granted by indulging in serious offences after the grant of bail. When considering the personal liberty of the petitioner, the Courts have to weigh the larger public interest against the individual liberty of the petitioner, and in this case, individual liberty will have to give way to the larger public interest. The apprehension of the prosecution that he will influence or intimidate the witnesses cannot be ruled out. Thus, there is a likelihood of the investigation being derailed and the trial adversely affected. Under such circumstances, I am not inclined to grant bail. The bail applications are accordingly dismissed. Sd/- **MOHAMMED NIAS C.P., JUDGE** okb/ BA Nos.7274 & 7067 of 2023 8 ## **`APPENDIX OF BAIL APPL. 7274/2023`** ``` PETITIONER ANNEXURES ``` ``` Annexure A1THE CERTIFIED COPY OF THE ORDER FOR CANCELLATION OF BAIL GRANTED TO THE PETITIONER IN CMP NO.2369/2021 DATED 14.02.2022 BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT,KATTAKKADA ``` ``` Annexure A2THE TRUE COPY OF THE ORDER DATED 07.07.2023 IN CMP NO.4529/2023 IN C.P.6/2023 IN CRIME NO.1473/2021 OF NEYYARDAM POLICE STATION BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KATTAKKADA ``` BA Nos.7274 & 7067 of 2023 9 ## **`APPENDIX OF BAIL APPL. 7067/2023`** ``` PETITIONER ANNEXURES Annexure A1THE TRUE COPY OF THE FIR IN CRIME NO. 1474/2021 OF NEYYARDAM POLICE STATION, THIRUVANANTHAPURAM Annexure 2THE TRUE COPY OF THE ORDER FOR CANCELLATION OF BAIL OF THE PETITIONER DATED 30.04.2022 IN CMP NO.370/2022 IN CRIME NO. 1474/2021 OF NEYYARDAM POLICE STATION, THIRUVANANTHAPURAM BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT; KATTAKKADA ``` ``` Annexure A3THE TRUE COPY OF THE ORDER DATED 07.07.2023 IN CMP NO.249/2023 IN CRIME NO.1474/2021 OF NEYYARDAM POLICE STATION BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KATTAKKADA Annexure A4THE TRUE COPY OF THE ORDER DATED 15.06.2023 IN CRL MC NO 4246/2023 ```