Pranav Suresh v. State of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN WEDNESDAY, THE 15TH DAY OF FEBRUARY 2023 / 26TH MAGHA, 1944 BAIL APPL. NO. 679 OF 2023 (CRIME NO.2031/2022 OF THRIKKODITHANAM POLICE STATION, KOTTAYAM) PETITIONER/ACCUSED NO.1: PRANAV SURESH, AGED 19 YEARS, CHEMMUKATHU HOUSE, NALUKODI P.O., PAIPPADU VILLAGE, CHANGANASSERY TALUK, KOTTAYAM, PIN – 686548. BY ADVS. T.KABIL CHANDRAN R.ANJALI RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682031. 2 THE STATION HOUSE OFFICER, THRIKODITHANAM POLICE STATION, CHANGANASSERY, PIN – 686105. BY SENIOR PUBLIC PROSECUTOR SMT. T.V.NEEMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01.02.2023, THE COURT ON 15.02.2023 DELIVERED THE FOLLOWING: B.A.No.679/2023 2 ## _**A. BADHARUDEEN, J.**_ _**================================**_ _B.A.No.679 of 2023_ _================================ Dated this the 15th day of February, 2023_ ## _**O R D E R**_ This is a petition filed under Section 439 of the Code of Criminal Procedure and the petitioner, who is the 1st accused in Crime No.2031/2022 of Thrikkodithanam Police Station, seeks regular bail in this matter. 2. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 3. The prosecution case is that at 10 p.m on 25.11.2022, the petitioner, who is the 1st accused in the above crime, along with other 5 accused, uttered obscene words against the defacto complainant and his brother. The further allegation is that they attacked the brother of the defacto complainant. While so, the petitioner herein started his car and driven the same against the B.A.No.679/2023 3 defacto complainant with intention to do away him. In consequent thereof, the defacto complainant was thrown away and he sustained very serious injuries, though he survived. This is the base on which the prosecution alleges commission of offences under Sections 294(b), 323, 308, 326 r/w 34 of the Indian Penal Code. 4. While pressing for regular bail to the petitioner, the learned counsel for the petitioner submitted that the petitioner is innocent. According to him, the petitioner was arrested on 26.11.2022 and final report also was filed. He submitted further that now the case has been pending as C.P.81/2022 before the Judicial First Class Magistrate Court-I, Changanassery. In such scenario, the petitioner is liable to be released on bail. 5. But the learned Public Prosecutor produced report of the Investigating Officer showing the complicity of the petitioner. The allegation is that accused 1 to 6 attacked the brother of the defacto complainant when they questioned consumption of alcohol by the B.A.No.679/2023 4 accused at the public road near Kollapuram Bridge, Payippad. Thereafter the 1st accused forcefully hit his car against the defacto complainant and driven away and thereby the defacto complainant sustained very serious injuries. In the wound certificate of Mr.Jomon Joseph issued from Pushpagiri Medical College Hospital, Tiruvalla dated 26.11.2022, the following injuries were noted: “lacerated wound over upper lip fracture of tooth both upper incisor – central incisor fracture of upper right – lateral incisor.” 6. It is reported by the Investigating Officer, as pointed out by the learned Public Prosecutor, that the petitioner, who is aged just 19 years, is having criminal antecedents and this is the seventh crime he got involved. The following are the crimes, where the petitioner's involvement was pointed out: “1) Chingavanam Police Station Crime No.1078/2020 U/S 392, 34 IPC 2) Thrikkodithanam Police Station Crime : 75/2021 U/S 392, B.A.No.679/2023 5 201, 454, 34 IPC - 3) Changanassery Police Station Crime : 488/2021 U/S 392, 34 IPC - 4) Mannar Police Station Crime : 383/2021 U/S 392 IPC 5) Thrikkodithanam Police Station Crime : 316/2021 U/S 392, 34 IPC - 6) Pulikeezhu Police Station Crime : 36/2021 U/S 392, 34 IPC.” 7. It is shocking to note that in all the above crimes, the allegation against the petitioner is about commission of offence under Section 392 IPC. The petitioner is a person, who had been continuously involving in offence of robbery and whenever he was released on bail, he had repeated the said crime. Now the allegation is that accused 1 to 6 herein had committed offences punishable under Sections 323, 308, 326 and 294(b) of IPC r/w 34 IPC. The wound certificate would indicate that the defacto complainant sustained fracture on teeth, both upper incisor central incisor and B.A.No.679/2023 6 fracture of upper right lateral incisor. In fact, the above injuries were reported as one arose out of hit of car against bike. Thus the above injuries were the contribution of the petitioner herein. Though it is submitted by the learned counsel for the petitioner that if the petitioner will not be released from custody, he would become a hardcore criminal. Therefore, he may be released on bail to reform himself. 8. In view of the submission, it has to be observed that the first crime was registered under Section 392 of IPC is of the year 2020. Thereafter he had continuously involved in 5 more crimes under Section 392 of IPC during 2021 itself. This crime is of the year 2022. Thus starting from 2020 to 2022, the petitioner, now aged 19 years, involved in seven crimes. It appears that the petitioner has no respect to law and on getting released on bail, he had indulged in other crimes. 9. However, taking note of the custody of the petitioner from B.A.No.679/2023 7 26.11.2022, and in consideration of the age of the petitioner, I am inclined to release him on bail on conditions. One among the conditions is that he shall not involve in any other crimes during the currency of bail hereby granted and any such involvement is a reason to cancel the bail hereby granted. Accordingly, this petition stands allowed on the following conditions: i. Accused/petitioner shall be released on bail on his executing bond for Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties each for the like amount to the satisfaction of the jurisdictional court concerned. ii. Accused/petitioner shall not intimidate the witnesses or tamper with evidence. He shall co-operate with the investigation and shall be available for trial. He shall visit the Investigating Officer on every Monday in between 9 a.m and 12 noon for a period of two months and also appear before the Investigating B.A.No.679/2023 8 Officer as and when directed. iii. Accused/petitioner shall not leave India without prior permission of the jurisdictional court. iv. The petitioner shall surrender his passport, if any, within 7 days from the date of his release, before the trial court. If he has no passports, he shall file an affidavit in this regard on the date of execution of the bond or within 3 days thereafter. v. Accused/petitioner 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**_ ) rtr/ B.A.No.679/2023 9 APPENDIX OF BAIL APPL. 679/2023 PETITIONER'S ANNEXURES Annexure-I CERTIFIED COPY OF THE ORDER IN CRL. M.P. NO. 3183/2022 PASSED BY THE LEARNED SESSIONS COURT, KOTTAYAM DATED 07.01.2023