Sarath Kumar S v State of Kerala

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE A. BADHARUDEEN FRIDAY, THE 2[ND] DAY OF JUNE 2023 / 12TH JYAISHTA, 1945 BAIL APPL. NO. 3921 OF 2023 ``` ``` AGAINST THE ORDER/JUDGMENTCRMP 1246/2023 OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE ,TRIVANDRUM CRIME NO.17/2023 OF PETTA POLICE STATION, THIRUVANANTHAPURAM ``` ## **`PETITIONER/6TH ACCUSED:`** ``` SARATH KUMAR S, AGED 32 YEARS, S/O N.SURESH KUMAR, TC.15/705, VAYALIL PUTHEN VEEDU, PRA-C2, PALOTTUKONAM, VAZHUTHACAUD, SASTHAMANGALAM P.O, THIRUVANANTHAPURAM, PIN – 695010. BY ADVS. G.RANJU MOHAN M.SANTHI (K/868/2011) ARYA S. ``` ## **`RESPONDENT/STATE:`** ``` STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN – 682031. ``` ``` SMT.T V NEEMA, SENIOR PUBLIC PROSECUTOR ``` ``` THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23.05.2023, THE COURT ON 02.06.2023 DELIVERED THE FOLLOWING: ``` B.A.No.3921/2023 2 ## _**A. BADHARUDEEN, J.**_ _**================================**_ _B.A.No.3921 of 2023_ _================================ Dated this the 2nd day of June, 2023_ ## _**O R D E R**_ This is an application for regular bail filed by the 6 th accused in Crime No.17/2023 of Petta Police Station, Thiruvananthapuram. 2. Heard the learned counsel for the petitioner and the learned Public Prosecutor in detail. Perused the report of the Investigating Officer placed by the learned Public Prosecutor. 3. The prosecution case is that at about 03.30 a.m on 08.01.2023, accused formed into unlawful assembly armed with deadly weapons with knowledge that they are all members of the said assembly with intention to commit murder of the defacto complainant and attacked the defacto complainant to accomplish B.A.No.3921/2023 3 the said intention. Accordingly, the accused assaulted the defacto complainant by using sword, chopper etc. In consequence of the assault, the defacto complainant sustained very serious injuries, though he survived. This is the premise on which the prosecution alleges commission of offence punishable under Sections 143, 147, 148, 149, 341, 294(b), 324, 506, 427 and 307 of the Indian Penal Code and under Section 27 of the Arms Act. 4. The learned counsel for the petitioner submitted that the petitioner surrendered before the court on 4.5.2023 as directed by this Court as per Annexure-A2 order dated 28.04.2023 and thereafter he has been detained in custody after dismissal of the regular bail plea moved by him before the Additional Chief Judicial Magistrate Court, Thiruvananthapuram. Highlighting the custody of the petitioner from 4.5.2023 and the progress of the investigation, the learned counsel for the petitioner pressed for grant of regular bail. B.A.No.3921/2023 4 5. While opposing grant of regular bail to the petitioner, it is submitted by the learned Public Prosecutor that the petitioner filed two anticipatory bails and avoided his arrest, for pretty long time. Finally he was forced to surrender and accordingly he surrendered on 04.05.2023. It is submitted that very serious allegations are levelled against the petitioner, who is a member of the unlawful assembly, which attacked the defacto complainant. Therefore, the petitioner cannot be released on bail at this stage as the same would stall the investigation. 6. On appraisal of the facts of the case it could be inferred that due to the overt acts committed by the petitioner against the defacto complainant, the defacto complainant sustained very serious injuries. It is relevant to note that the petitioner moved anticipatory bail before this Bench and this Court considered the same on 01.02.2023. When this Court was not inclined to grant anticipatory bail holding that this is not a fit case to grant anticipatory bail, the B.A.No.3921/2023 5 learned counsel for the petitioner sought permission to withdraw the application for anticipatory bail and accordingly the same was dismissed as withdrawn on 01.02.2023. Thereafter, the petitioner absconded for a pretty long time and he had filed another anticipatory bail during summer vacation and as per Annexure-A2 order, the learned Vacation Judge also dismissed the application with direction to the petitioner to surrender before the Investigating Officer within a period of ten days and accordingly he surrendered on 04.05.2023. Thus it appears that the petitioner was not inclined to co-operate with the investigation and he kept outside the arena of investigation by filing repeated anticipatory bail applications. It is relevant to note that even after dismissal of his first bail application as on 1.2.2023, the police failed to arrest him since he absconded and he moved another bail application after the expiry of 2 months. Thus the petitioner is a person, who had played dilatory tactics to avoid arrest in a case where the prosecution alleges commission of B.A.No.3921/2023 6 very serious offences. It is relevant to note further that the petitioner is a person having criminal antecedents as reported by the investigating officer vide Crime No.808/2022 of Medial College Police Station for the offences punishable under Sections 294(b), 323, 325 r/w 34 of IPC. Since the petitioner has been in custody from 04.05.2023 and taking note of the progress of the investigation, I am inclined to release him on bail by imposing stringent conditions and one among such conditions is that the petitioner/accused 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 alone shall be a reason to cancel the bail hereby granted. 7. Accordingly, the petition stands allowed and the petitioner can be released on bail 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 B.A.No.3921/2023 7 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 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 their 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 B.A.No.3921/2023 8 to the notice of this Court, the same alone shall be a reason to cancel the bail hereby granted. _Sd/-_ ## _**(A. BADHARUDEEN, JUDGE)**_ _rtr/_ B.A.No.3921/2023 9 ## **`APPENDIX OF BAIL APPL. 3921/2023`** ``` PETITIONER'S ANNEXURES ``` ``` AnnexureA1TRUE COPY OF THE ORDER IN BA. NO:648/2023 BEFORE THE HON'BLE HIGH COURT OF KERALA DATED 01-02-2023 AnnexureA2. TRUE COPY OF THE ORDER IN BA. NO:3135/2023 BEFORE THE HON'BLE HIGH COURT OF KERALA DATED 28-04-2023 AnnexureA3CERTIFIED COPY OF THE ORDER IN CRL.MP NO.1246/2023 PASSED BY THE HON'BLE ADDITIONAL CHIEF JUDICIAL MAGISTRATE ,THIRUVANANTHAPURAM DATED 05/05/2023 ```