Shiju S, Gopi, Rajesh and Shiju alias Pappu v. State of Kerala

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: A. Badharudeen
Judgment Date: 2023-02-24
Court Decision / Holding: This bail petition is allowed. The petitioners are directed to be released on bail on a bond of Rs. 50,000 each with two solvent sureties of the like amount. They must not intimidate or tamper with witnesses, must cooperate with the investigation, appear before the investigating officer as directed, shall not leave India without court permission, and shall refrain from any other offence during the currency of bail. Violation of any condition may lead to cancellation of bail.
Final Disposition: Bail granted under specified conditions.

Parties to the Case

Appellants / Petitioners

Shiju S., Gopi, Rajesh, Shiju alias Pappu

Respondents

State of Kerala represented by the Public Prosecutor, High Court of Kerala, Ernakulam

Legal Representation & Advocates

Counsels for Petitioners

• Adv M.R. Sasith

Counsels for Respondents

• Smt. T. V. Neema, Senior Public Prosecutor

Case Synopsis & Summary

This High Court of Kerala bail application concerns four accused (1, 2, 4 and 6) in Crime No. 32 of 2023 of Neyyardam Police Station, Thiruvananthapuram, invoking Section 439 CrPC for regular bail. The prosecution alleges that at about 9:30 p.m. on 15 January 2023, the accused formed into an unlawful assembly armed with deadly weapons with knowledge of a common object to commit murder of the defacto complainant, restrained him, and assaulted him. The offences alleged include IPC Sections 143, 147, 148, 294(b), 341, 323, 324, 326 and 307 r/w 149. According to the petitioners, they are innocent and the allegations are false; it is argued that the defacto complainant, intoxicated, attempted to sexually assault the wife of the first accused, and the petitioners intervened to save her, resulting in a scuffle. A counter case was filed against the wife alleging offences under IPC sections including 294(b), 451, 506(i), 323, 354(B) and 354, as well as Section 3(i)(r) of the SC/ST (Prevention of Atrocities) Act. The court noted the accused were in custody from 18.01.2023, and after perusal of the case diary and wound certificate showing multiple injuries, held that prima facie the offences are established but that ongoing investigation and custody warrant bail on conditions. The order grants regular bail with conditions aimed at ensuring cooperation and preventing interference with witnesses and flight.

Provisions of Law Cited

Section 439 of the Code of Criminal ProcedureSections 143, 147, 148, 294(b), 341, 323, 324, 326 and 307 r/w 149 IPCSection 3(i)(r) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners submitted that they are innocent and that the allegations are false. They argued that the defacto complainant, under alcohol intoxication, attempted to sexually assault the wife of the first accused; the petitioners intervened to protect her, leading to a scuffle. They contended there is no material showing premeditation or danger to society, and that custody since 18.01.2023 together with the preliminary stage of investigation makes bail appropriate, subject to reasonable conditions including bond, sureties, cooperation with investigation, appearance before the IO, non-interference with witnesses, no leaving the jurisdiction, and no involvement in further offences while on bail.

Contentions of Respondents

The State opposed bail, emphasizing the seriousness of the alleged offences, the purported involvement of the accused in an unlawful assembly with deadly weapons, and the prima facie injury to the defacto complainant. It argued that investigation is still at a preliminary stage and there is potential for tampering with witnesses or influence over the investigation. Given the gravity and the ongoing inquiry, bail should be refused or strictly conditioned to safeguard public order and the integrity of the investigation.

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 FRIDAY, THE 24[TH] DAY OF FEBRUARY 2023 / 5TH PHALGUNA,** **1944** **BAIL APPL. NO. 1101 OF 2023** **CRIME NO.32/2023 OF NEYYARDAM POLICE STATION,** ## **THIRUVANANTHAPURAM** **PETITIONERS/ACCUSED 1&2, 4&6:** - **1 SHIJU .S AGED 36 YEARS, S/O.SASI PARAKONATHU VEEDU, KOTTOOR, KOKKUDI MURI, MANNOORKKARA VILLAGE, NEDUMANGAD, THIRUVANANTHAPURAM, PIN 695574** **2 GOPI AGED 60 YEARS, S/O.APPICHERUKKARAN, PARAKONATHU VEEDU, KOTTOOR, KOKKUDI MURI, MANNOORKKARA VILLAGE, NEDUMANGAD, THIRUVANANTHAPURAM, PIN - 695574 3 RAJESH AGED 36 YEARS, S/O.CHELLAPPAN, PARAKONATHU VEEDU, KOTTOOR, KOKKUDI MURI, MANNOORKKARA VILLAGE, NEDUMANGAD, THIRUVANANTHAPURAM, PIN - 695574 4 SHIJU ALIAS PAPPU AGED 33 YEARS, S/O.GOPI, PARAKONATHU VEEDU, KOTTOOR, KOKKUDI MURI, MANNOORKKARA VILLAGE, NEDUMANGAD, THIRUVANANTHAPURAM, PIN - 695574** **BY ADV M.R.SASITH** B.A.No.1101 of 2023 ..2.. ## **RESPONDENT :** **STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031** **BY SMT.T V NEEMA, SR. PUBLIC PROSECUTOR** **THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17.02.2023, THE COURT ON 24.02.2023 DELIVERED THE FOLLOWING:** B.A.No.1101 of 2023 ..3.. ## **A.BADHARUDEEN, J.** **-------------------------------------------------------B.A.No.1101 of 2023 -------------------------------------------------------Dated this the 24[th] 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 petitioners who are accused Nos.1, 2, 4 and 6 in Crime No.32 of 2023 of Neyyardam Police Station, Thiruvananthapuram. 2. Heard the learned counsel for the petitioners and the learned Public Prosecutor. 3. I have perused the case diary along with the report produced by the learned Public Prosecutor. B.A.No.1101 of 2023 ..4.. 4. The prosecution case emanates on the premise that, at about 9.30 p.m. on 15.01.2023, the accused herein formed into unlawful assembly armed with deadly weapons with knowledge that they are all members of the said assembly, with common object to commit murder of the defacto complainant, then they wrongfully restrained the defacto complainant and assaulted him. On this premise, the prosecution alleges commission of offences punishable under Sections 143, 147, 148, 294(b), 341, 323, 324, 326 and 307 r/w 149 of the Indian Penal Code. 5. According to the learned counsel for the petitioners, the petitioners are innocent and the allegations against them are false. It is submitted that the defacto complainant under intoxication of alcohol, tried to sexually assault the wife of the first accused and the petitioners intervened to save the wife and there occurred a scuffle. On the complaint of the wife of the defacto complainant, a B.A.No.1101 of 2023 ..5.. counter case was registered alleging commission of offences under Sections 294(b), 451, 506(i), 323, 354(B) and 354 of IPC as well as under Section 3(i)(r) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act. 6. Highlighting the above fact along with the custody of the petitioners from 18.01.2023 onwards, the learned counsel pursued the relief of regular bail. Whereas the learned Public Prosecutor opposed bail highlighting the seriousness of the offences and the primitive stage of investigation. 7. On perusal of the case diary, it is discernible that the accused in this case assaulted the defacto complainant and the first accused hit on his left eye with an iron hammer and the same caused serious injuries to him. The second accused beat on the head of the defacto complainant by using log pieces and all other accused jointly manhandled and thereby, the defacto complainant sustained B.A.No.1101 of 2023 ..6.. multiple injuries, though he survived. 8. In the wound certificate of the defacto complainant, multiple injuries on the head and left eye with nasal bleeding noticed and thereby, the allegation against the petitioners is well established prima facie. No antecedents reported insofar as the petitioners are concerned. Since the petitioners have been in custody from 18.01.2023 and taking note of the progress of investigation, they can be enlarged on bail on conditions. Therefore, this petition stands allowed and they are released on bail on the following conditions: i. The petitioners shall be released on bail on their executing bond for Rs.50,000/- (Rupees Fifty Thousand Only) each with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court concerned. ii. The petitioners shall not intimidate the B.A.No.1101 of 2023 ..7.. witnesses or tamper with evidence. They shall co-operate with the investigation and shall be available for trial. iii. The petitioners shall appear before the Investigating Officer as and when directed. iv. The petitioners 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 them from disclosing such facts to the court or to any police officer. v. The petitioners shall not leave India without the permission of the jurisdictional court. vi. The petitioners 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.1101 of 2023 ..8.. ## **APPENDIX OF BAIL APPL. 1101/2023** |**PETITIONER**|**ANNEXURES**| |---|---| |**ANNEXURE1**|**TRUE COPY OF THE FIR ALONG WITH FIS IN**| ||**CRIME NO 32/2023 OF NEYYARDAM POLICE**| ||**STATION**| |**ANNEXURE2**|**THE TRUE COPY OF THE ORDER IN CMP NO**| ||**156/2023 PASSED BY THE JUDICIAL FIRST-**| ||**CLASS MAGISTRATE COURT, KATTAKKADA**| |**ANNEXURE3**|**TRUE COPY OF THE ORDER IN CRL MC NO**| ||**239/2023 PASSED BY THE SESSION COURT,**| ||**THIRUVANATHAPURAM ALONG WITH REMAND**| ||**REPORT.**| |**ANNEXURE4**|**TRUE COPY OF THE FIR REGISTERED ON**| ||**18/1/2023 IN CRIME NO: 34/023 OF**| ||**NEYYARDAM POLICE STATION**| ||**THIRUVANANTHAPURAM**|