Priyanlal C.P. @ Chinju v. State of Kerala & Inspector of Police, Kanjar Police Station, Idukki District

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: A. Badharudeen
Judgment Date: 2023-02-23
Court Decision / Holding: The petition stands allowed; the petitioner is released on bail on the following conditions: i) bond for Rs. 50,000 with two solvent sureties each for Rs. 50,000; ii) the petitioner shall not intimidate witnesses or tamper with evidence and shall cooperate with the investigation and be available for trial; iii) he shall appear before the Investigating Officer as directed, with weekly meetings on Mondays between 10:00 a.m. and 1:00 p.m. for six weeks; iv) he shall not induce or threaten any person connected to the case; v) he shall surrender any passport within 7 days (or file an affidavit if none exists); vi) he shall not involve in any other offence during the currency of bail, and any such event will be a ground to cancel bail.
Final Disposition: Bail Granted

Parties to the Case

Appellants / Petitioners

Priyanlal C.P. @ Chinju

Respondents

State of Kerala represented by Public Prosecutor, High Court of Kerala at Kochi
Inspector of Police, Kanjar Police Station, Idukki District

Legal Representation & Advocates

Counsels for Petitioners

• P. Chandy Joseph
• C. K. Vidyasagar

Counsels for Respondents

• Smt. T V Neema, Sr. Public Prosecutor

Case Synopsis & Summary

Priyanlal C.P. @ Chinju, the third accused in Crime No. 731/2022 of Kanjar Police Station, Idukki District, seeks regular bail under Section 439 CrPC before the Kerala High Court. The prosecution case arises from an incident on the night of 3 December 2022, near the residence of Manganattu Raghavan, where three accused allegedly assaulted the defacto complainant (Sam), leading to Sam’s death. The first accused is said to have stabbed Sam; the second accused brandished a knife causing injury to Kishore; the third accused is alleged to have restrained Sam, thereby facilitating the first accused to inflict fatal injuries. Postmortem reportedly noted eight ante-mortem injuries in addition to the fatal stab wound. The petitioner contends innocence and argues his overt act was comparatively minor, having been in custody since 04 December 2022, with no prior criminal antecedents, and he offers to cooperate with the investigation and trial. The Public Prosecutor opposed bail, contending that the petitioner’s involvement, albeit within a group, is on par with the other accused, and that investigation is at a midway stage. The court, after perusing case diary materials and the postmortem certificate, acknowledges a prima facie case but, considering the absence of antecedents and progress in investigation, grants regular bail subject to conditions: bond and two sureties of Rs 50,000 each, non-interference with witnesses, cooperation with inquiry and trial, weekly IO appearances, surrender of passport, and prohibition from other offences.

Provisions of Law Cited

Section 439 CrPCSection 341 IPCSection 323 IPCSection 324 IPCSection 302 r/w 34 IPC

Legal Doctrines & Maxims

Common intention

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner submitted that he is innocent and that his overt act, if any, is minimal. He has been in custody since 04.12.2022 and has no criminal antecedents. He requested regular bail with a condition to cooperate with the investigation and trial, contending that the first accused caused the fatal stab and that the prosecution’s case is not established beyond reasonable doubt against him.

Contentions of Respondents

The Public Prosecutor opposed bail, highlighting that postmortem noted eight ante-mortem injuries and that the petitioner aided the first accused by restraining the victim, thereby sharing common intention. It was argued that the petitioner’s complicity is on par with the other accused and that investigation is midway, making regular bail unsuitable at this stage.

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 THURSDAY, THE 23[RD] DAY OF FEBRUARY 2023 / 4TH PHALGUNA,** **1944** ## **BAIL APPL. NO. 325 OF 2023** **CRIME NO.731/2022 OF KANJAR POLICE STATION, IDUKKI DISTRICT, PIN-685 590** **PETITIONER/3RD ACCUSED :** **PRIYANLAL C.P. @ CHINJILU AGED 26 YEARS S/O PREMKUMAR, CHIRACKAL HOUSE, NALIYANI, KOOVAKANDOM KARA, VELLIYAMATTOM VILLAGE, IDUKKI, PIN - 685588** **BY ADVS. P.CHANDY JOSEPH C.K.VIDYASAGAR** ## **RESPONDENTS/STATE & COMPLAINANT :** **1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT KOCHI, PIN - 682031 2 INSPECTOR OF POLICE, KANJAR POLICE STATION, IDUKI DISTRICT, PIN - 685590** ## **BY SMT.T V NEEMA, SR.PUBLIC PROSECUTOR** **THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON** **16.02.2023, THE COURT ON 23.02.2023 DELIVERED THE FOLLOWING:** B.A.No.325 of 2023 ..2.. ## **A.BADHARUDEEN, J.** **-------------------------------------------------------B.A.No.325 of 2023 -------------------------------------------------------Dated this the 23[rd] 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 petitioner, who is the third accused in Crime No.731 of 2022 of Kanjar Police Station, Idukki where, the prosecution alleges commission of offences punishable under Sections 341, 323, 324 and 302 r/w 34 of the Indian Penal Code. 2. Heard the learned counsel for the petitioner as also the learned Public Prosecutor. 3. I have perused the Case Diary materials produced by the learned Public Prosecutor. 4. The prosecution case, as could be read out B.A.No.325 of 2023 ..3.. from the case diary materials placed by the learned Public Prosecutor, is that at, at 10.30 p.m. on 03.12.2022, accused in this case assaulted the defacto complainant near the house of one Manganattu Raghavan, after exchange of words between them. The specific case is that, Sam(deceased) pushed down the first accused. Then the third accused/the petitioner herein caught hold on Sam and at this juncture, the first accused caused stab injuries on his neck and other parts of the body by using a knife. The further allegation is that, the second accused brandished a knife whereby, one Kishore sustained injury on his left finger. Although Sam was given medical attendance at Chazhikkad Hospital, Thodupuzha, he succumbed to injuries. Thus, the above offences are alleged to be committed. 5. While pursuing regular bail to the petitioner who is the third accused, who has been in custody from B.A.No.325 of 2023 ..4.. 04.12.2022, the learned counsel for the petitioner would submit that the petitioner is innocent and the overt act at his instance is much less. It is submitted further that, it was the first accused who caused one stab injury and the same resulted in the murder of Sam. Highlighting the petitioner's custody from 04.12.2022 and the progress of investigation, the learned counsel for the petitioner sought the relief of regular bail with offer to co-operate with the investigation and trial. 6. Whereas the learned Public Prosecutor specifically opposed bail and highlighted that in the postmortem certificate, eight anti-mortem injuries were noted and the same would include injuries caused by the petitioner also, apart from the stab injuries caused by the first accused. Further it is submitted that the petitioner herein is the person who restrained the above said Sam facilitating the first accused to cause fatal injuries on him. B.A.No.325 of 2023 ..5.. Therefore, the petitioner's complicity is on par with the other accused. As such, he is not liable to be released on regular bail at this stage, since the investigation is on the midway. 7. I have perused the case diary, the postmortem certificate and the relevant materials. In this matter, one Sam died in consequence of assault at the instance of accused Nos.1 to 3. The specific allegation is that accused Nos.1 to 3, after sharing common intention, assaulted Sam with intention to murder him and the third accused facilitated the first accused to cause fatal injuries on the neck of the above said Sam and in consequence thereof, he died. Thus, the prosecution case is well made out prime facie. It is true that the petitioner has been in custody from 04.12.2022 onwards and no criminal antecedents reported insofar as the petitioner is concerned. B.A.No.325 of 2023 ..6.. 8. Having noticed the above facts along with the progress of investigation, I am inclined to release the petitioner on bail on conditions. In the result, this petition stands allowed and he is released on bail on the following conditions: i. The 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. The petitioner shall not intimidate the witnesses or tamper with evidence. He shall co-operate with the investigation and shall be available for trial. iii. The petitioner shall appear before the Investigating Officer as and when directed. He shall meet the Investigating Officer on every Monday in between 10.00 a.m. to 1.00 p.m. for a period of six weeks. iv. The petitioner shall not, directly or indirectly, B.A.No.325 of 2023 ..7.. make any inducement, threat or promise to any person acquainted with the facts of this case, so as to dissuade him from disclosing such facts to the court or to any police officer. v. The petitioner shall surrender his passport, if any, within 7 days from the date of his release, before the jurisdictional court. If he has no passport, he shall file an affidavit in this regard on the date of execution of the bond or within 3 days thereafter. vi. The 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** rkj B.A.No.325 of 2023 ..8.. ## **APPENDIX OF BAIL APPL. 325/2023** **PETITIONER ANNEXURES ANNEXURE A1 TRUE COPY OF THE REMAND REPORT DATED 13.12.2022 SUBMITTED BY THE 2ND RESPONDENT ANNEXURE A2 CERTIFIED COPY OF THE ORDER 04.01.2023 IN CRL.M.C.1120/2022 OF HON'BLE SESSIONS COURT THODUPUZHA**