## _`IN THE HIGH COURT OF KERALA AT ERNAKULAM`_
## _`PRESENT`_
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THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
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THURSDAY, THE 19[TH] DAY OF OCTOBER 2023 / 27TH ASWINA, 1945
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BAIL APPL. NO. 8956 OF 2023
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AGAINST THE ORDER/JUDGMENT CC 260/2023 OF JUDICIAL MAGISTRATE OF FIRST CLASS -
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## _`II,PATHANAMTHITTA`_
## _`PETITIONER/S:`_
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SHESHASEN @ VISHNU
AGED 32 YEARS
S/O.THULASI, KUNNUMPURATHU HOUSE, VALIYAVATTOM, PRAKKANAM P.O,
CHENNERKARA VILLAGE, PATHANAMTHITTA DISTRICT., PIN - 689652
BY ADVS.
AJITH MURALI
MOHANAN M.K.
SWAPNA VIJAYAN
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RESPONDENT/S:
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STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN -
682031
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OTHER PRESENT:
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SR PP K DENNY DEVASSY
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THIS BAIL APPLICATION HAVING COME UP FOR
ADMISSION ON 19.10.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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B.A. No. 8956 of 2023
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## _**O R D E R**_
## **Dated this the 19[th] day of October, 2023**
This is the 2[nd] bail application filed by the 4[th] accused in Crime No.149 of 2023 of Elavumthitta, Pathanamthitta under Section 439 of the Code of Criminal Procedure.
2. The petitioner had filed an earlier bail application vide B.A. No.3850 of 2023. This Court dismissed the same as per order dated 22.05.2023 and the order is as under:
_This is a petition filed under Section 439 of the Code of Criminal Procedure, seeking regular bail and the petitioners are accused Nos.1, 2 and 4 in crime No.149/2023 of Elavumthitta Police Station, Pathanamthitta._
_2. Heard the learned counsel for the petitioners as well as the learned Public Prosecutor. Perused the relevant materials form part of the case diary, placed by the learned Public Prosecutor._
_3. The specific allegation of the prosecution is that, when the_
_Sub Inspector of Police of Elavumthitta Police Station (defacto complainant) was on patrol duty along with his_
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B.A. No. 8956 of 2023
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_subordinate officers on 20.03.2023, they were informed about hazards at the instance of the accused in this crime at the work site of DH Construction Company. Accordingly, the Police team reached the place to restrain the above illegal activities. Then, the accused herein attacked the defacto complainant and one Mr. Arun, a Civil Police Officer, after obstructing their official duty and the CPO sustained injuries in this occurrence. On the said premise, the prosecution alleges commission of offences punishable under Sections 143, 147, 294(b), 341, 323, 324, 332 r/w 149 of IPC._
_4. The learned counsel for the petitioners would submit that, the petitioners are innocent and the FIR in this crime was registered at a much belated stage and therefore the allegations are prima facie not believable. He also pointed out the custody of the petitioners from 20.03.2023 and the progress of investigation, while canvasing regular bail to the petitioners._
_5. The learned Public Prosecutor placed relevant documents including detailed report of the Investigating Officer. He zealously opposed grant of bail to the petitioners. But he_
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B.A. No. 8956 of 2023
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_would concede that, the 2[nd] petitioner/2nd accused is a first time offender and accused Nos. 3 and 5 were released on bail by the trial court. The learned Public Prosecutor very strongly opposed release of the 3rd petitioner/4th accused who is having criminal antecedents by involving in ten crimes. The learned Public Prosecutor also pointed out the fact that the 3rd petitioner/4th accused was booked under Kerala Anti-Social Activities Prevention Act and he had committed this crime immediately on release after his detention under KAAPA._
_6. The learned counsel for the petitioners pressed for grant of regular bail to the 3rd petitioner/4th accused also on the submission that, his involvement in KAAPA proceedings found to be not legal at a later point of time and therefore the same is not a reason to deny bail to him._
_7. On perusal of the available materials the allegations are very serious and the involvement of the petitioners in this crime is well made out. In so far as the 3rd petitioner/4th accused is concerned, he has involvement in the following crimes:_
_1. Elavumthitta Police Station crime No. 272/2021_
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B.A. No. 8956 of 2023
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_U/s 294(b), 341, 323, 325, 34 IPC & 3(1)(r)(s), 3(2) V(a) of SC/ST Act_
_2. Elavumthitta Police Station crime No. 61/2021 U/s_
_447, 427, 294(b), 506(i) & 34 IPC._
_3. Elavumthitta Police Station crime No. 34/2020 U/s_
_451, 323, 294(b), 506(i) & 34 IPC._
_4. Elavumthitta Police Station crime No.538/2019 U/s_
_294(b), 341, 323, 324, 427, 506(i), 34 IPC._
_5. Aranmula Police Station crime No.841/2018 U/s_
_323, 324, 326, 34, IPC._
_6. Pathanamthitta Police Station crime No.656/2018_
_U/s 143, 147, 341, 323, 324, 427, 149 IPC._
_7. Pathanamthitta Police Station crime No.661/2018 U/s 143, 147, 341, 323, 506(II), 324, 326, 427, R/W 149 IPC._
_8. Chittar Police Station crime No.210/2018 U/s 147,_
_148, 149, 427, 294(b), 323, 324 452, 506(II) IPC._
_9. Panthalam Police Station crime No.2720/2020 U/s_
_324, 506, 34 IPC._
_10. Excise Anti Narcotic Special Squaed crime_
_No.21/2022 U/s 20(b)(II)B & 29 of NDPS Act._
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B.A. No. 8956 of 2023
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_11. Elavumthitta Police Station Report No._
_191/GL/ELTA/2021, U/s 107 CrPC._
_8. Even accepting the contention raised by the learned counsel for the petitioners that, the 3rd petitioner's detention under the KAAPA is not legal, the complicity of the 3rd petitioner in multiple crimes would negate his claim of regular bail at this stage. Accordingly, I am not inclined to release him on bail._
_9. Coming to the 2nd petitioner/2nd accused, he has no criminal antecedents. Even though, criminal antecedents reported in so far as the 1st petitioner/1st accused is concerned, his criminal antecedents are confined to Crime No. 1740/2016 of Ranni Police Station alleging commission of offence punishable under Section 379 of IPC and Crime No. 1661/2016 of Thiruvalla Police Station alleging commission of offence punishable under Section 380 of IPC. Since the investigation found to have achieved some progress in so far as petitioners 1 and 2 are concerned, taking note of their custody from 20.03.2023, I am inclined to release them on bail._
_10. Holding so, bail plea at the instance of the 3rd_
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B.A. No. 8956 of 2023
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_petitioner/4th accused stands dismissed, while allowing bail plea at the instance of petitioners 1 and 2. Accordingly, petitioners 1 and 2 are enlarged on bail on conditions:_
_i. The petitioners 1 and 2 shall be released on bail on 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 petitioners 1 and 2 shall not intimidate the witnesses or tamper with evidence. They shall co-operate with the investigation and shall be available for trial._
_iii. The petitioners 1 and 2 shall appear before the Investigating Officer as and when directed, apart from appearing before the Investigating Officer on all Mondays between 9 am and 10 am, for a period of two months._
_iv. The petitioners 1 and 2 shall not, directly or indirectly, 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 petitioners 1 and 2 shall not involve in any other offence during the currency of bail and any such event, if_
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B.A. No. 8956 of 2023
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_reported, or came to the notice of this court, the same alone shall be a reason to cancel the bail hereby granted._
In this second bail application also, the learned counsel appearing for the petitioner has not raised any change in circumstances to grant regular bail to the petitioner. Hence, this bail application also stands dismissed.
## **Sd/-**
**A. BADHARUDEEN JUDGE**
RMV
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TRUE COPY
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P.A.TO JUDGE
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