Jiyo and Wilfin v. State of Kerala

B.A.No.517 of 2024 1 # `IN THE HIGH COURT OF KERALA AT ERNAKULAM` ``` PRESENT ``` ``` THE HONOURABLE MR.JUSTICE C.S.DIAS ``` ``` MONDAY, THE 29[TH] DAY OF JANUARY 2024 / 9TH MAGHA, 1945 ``` ``` BAIL APPL. NO. 517 OF 2024 CRIME NO.1589/2023 OF CHALAKKUDY POLICE STATION, THRISSUR ``` ## `SPETITIONRS/ACCUSED NOS.2 AND 5:` ``` 1 JIYO AGED 24 YEARS S/O JACOB, KAITHAARATH HOUSE PARIYARAM VILLAGE, CHALAKUDY THRISSUR DISTRICT, PIN - 680307 2WILFIN AGED 25 YEARS S/O WILSON, MANGALAN HOUSE MARAMKODE DESOM, KUTTICHIRA VILLAGE CHALAKUDY, THRISSUR DISTRICT -, PIN - 680307 BY ADVS. P.K.VARGHESE M.T.SAMEER DHANESH V.MADHAVAN K.R.ARUN KRISHNAN JERRY MATHEW ATHUL.P JUSTIN K.K. ``` ## `RESPONDENT/COMPLAINANT:` ``` STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 ``` ``` BY SR PP SMT NEEMAT V ``` B.A.No.517 of 2024 2 ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` B.A.No.517 of 2024 3 **Dated this the 29[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 accused 2 and 5 in Crime No.1589/2023 of the Chalakkudy Police Station, Thrissur, registered against the accused (20 in number) alleging them to have committed the offences punishable under Sections 143, 147, 341, 283, 353, 427 and 308 read with Section 149 of the Indian Penal Code, 1860 and Section 3(1) of the Prevention of Damage to the Public Property Act, 1984. The petitioners were arrested on 23.12.2023. 2. The essence of the prosecution case is that: on 22.12.2023, at about 17.40 hours, the accused, in prosecution of their common intention, formed an unlawful assembly and wrongfully restrained the police B.A.No.517 of 2024 4 party attached to the Chalakkudy Police Station, and they climbed on the police jeep bearing registration No. KL-45-F-7027 and damaged the beacon light and front window glass of the jeep. Thus, they prevented the police party from discharging their official duty. The State has sustained a loss of Rs.1,00,000/- in the incident. The accused also threatened to cause harm to the police. Thus, they have committed the above offences. 3. Heard; Sri.P.K. Varghese, the learned counsel appearing for the petitioners and Smt. Nima T.V., the learned Public Prosecutor appearing for the respondent. 4. Learned counsel appearing for the petitioners submitted that the petitioners are totally innocent of the accusation levelled against them. The petitioners are falsely implicated in the crime. Section 308 has been incorporated only for the purpose of denying bail to the B.A.No.517 of 2024 5 petitioners. Nonetheless, the petitioners have been in judicial custody since 23.12.2023, which is more than 36 days. The investigation in the case is complete. All the other accused, except accused 1, 2 and 5, are granted bail by the Court of Sessions, Thrissur. The petitioners are willing to abide by any stringent condition that may be imposed by this Court. Hence, the application may be allowed. 5. The learned Public Prosecutor opposed the application. She contended that the petitioners and the 1st accused are the kingpins of the above crime. The petitioners are influential persons. If the petitioners are released on bail, they may intimidate the witnesses and tamper with the evidence. Hence, the application may be dismissed. B.A.No.517 of 2024 6 6. On an anxious consideration to the materials placed on record, particularly taking note of the fact that the petitioners have been in custody since 23.12.2023, which is more than 36 days, that the investigation in the case is practically complete, that the recovery has been effected, that the other accused have been enlarged on bail, and that the petitioners have no criminal antecedents, I am of the definite view that the petitioners are entitled to be released on bail but subject to stringent conditions. Hence, I am inclined to allow the bail application. In the result, the application is allowed, by directing the petitioners to be released on bail on each of them executing a bond for Rs.25,000/- (Rupees twenty-five thousand only) with two solvent sureties each for the like B.A.No.517 of 2024 7 sum, to the satisfaction of the court having jurisdiction, which shall be subject to the following conditions: (i) The petitioners shall deposit an amount of Rs.10,000/- (Rupees Ten Thousand only) each before the jurisdictional Court, as per the directions of this Court in **Hemachandran M.T @ Kamalesh and others vs. Sub Inspector of Police and another [ 2011 (4) KHC 689].** (ii) The petitioners shall appear before the Investigating Officer on every Saturday between 9 a.m. and 11 a.m for a period of two months or till the final report is laid, whichever is earlier. He shall also appear before the Investigating Officer as and when required; (iii) The petitioners 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 B.A.No.517 of 2024 8 them from disclosing such facts to the court or to any Police Officer or tamper with the evidence in any manner, whatsoever; (iv) The petitioners shall not commit any offence while they are on bail; (v) The petitioners shall surrender their passports, if any, before the court below at the time of execution of the bond. If they have no passport, they shall file affidavits to the effect before the court below on the date of execution of the bond; (vi) 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; B.A.No.517 of 2024 9 (vii) Applications for deletion/modification of the bail conditions shall be moved and entertained by 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 (NCT of Delhi) and another [2020 (1) KHC 663].** Sd/- **C.S.DIAS, JUDGE** mtk/29.01.24 B.A.No.517 of 2024 10 ## `APPENDIX OF BAIL APPL. 517/2024` ``` PETITIONER ANNEXURES ``` ``` Annexure 1A COPY OF THE FIR IN CRIME NO. 1589/2024 OF CHALAKUDY POLICE STATION, THRISSUR DISTRICT DATED 22.12.2023 Annexure 2A TRUE COPY OF THE ORDER IN CRL.MC NO. 1932/2023 OF DISTRICT AND SESSIONS COURT, THRISSUR Annexure 3A COPY OF THE REMAND REPORT OF THE ACCUSED NOS. 6, 11, 15 IN CRIME NO. 1589/2023 OF CHALAKUDY POLICE STATION, THRISSUR DISTRICT DATED 29.12.2023 ```