Vijayakumar V. and others v. State of Kerala

# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE A. BADHARUDEEN ``` ``` WEDNESDAY, THE 25[TH] DAY OF JANUARY 2023 / 5TH MAGHA, 1944 ``` ``` BAIL APPL. NO. 573 OF 2023 ``` ``` CRIME NO.1495/2022 OF KANNUR TOWN POLICE STATION AGAINST THE ORDER IN CRMC 17/2023 OF DISTRICT COURT & SESSIONS ``` ## **`COURT, THALASSERY`** ## **`PETITIONERS/ACCUSED NOS.2 TO 7:`** - **`1 VIJAYAKUMAR V. AGED 42 YEARS S/O VENU, VIJAYA NIVAS, PALLIYAMOOLA, CHALAD POST, KANNUR DISTRICT., PIN - 670014`** - **`2 SHYJU K AGED 48 YEARS S/O NAGACHANDRAN, KOTTAYI HOUSE, PALLIYAMOOLA, CHALAD POST, KANNUR DISTRICT., PIN - 670014`** - **`3 PRASHOBH C @ DUDU AGED 36 YEARS, S/O PRAKASHAN, CHOYYON HOUSE, PALLIYAMOOLA, CHALAD POST, KANNUR DISTRICT., PIN - 670014`** - **`4 PRAJOSH C AGED 36 YEARS, S/O PRAKASHAN, CHOYYON HOUSE, PALLIYAMOOLA, CHALAD POST, KANNUR DISTRICT., PIN - 670014`** - **`5 SAJIN K, AGED 36 YEARS, S/O PAVITHRAN, KALLAKKUDIYAN HOUSE, PALLIYAMOOLA, CHALAD POST, KANNUR DISTRICT., PIN - 670014`** - **`6 SINEESH C AGED 31 YEARS, S/O MOHANAN, CHATHOTH HOUSE, PALLIYAMOOLA, CHALAD POST, KANNUR DISTRICT., PIN - 670014 BY ADV P.K.RAVISANKAR`** ``` 2 ``` ## **`BAIL APPL. NO. 573 OF 2023`** ## **`RESPONDENT:`** ``` STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 SMT.NEEMA T.V., SR.PUBLIC PROSECUTOR ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` BAIL APPL. NO. 573 OF 2023 ``` ``` 3 ``` ## **O R D E R** Dated this the 25[th] day of January, 2023 This is a petition filed under Section 439 of the Criminal Procedure Code, 1973 and the petitioners, who are accused Nos.2 to 7 in crime No.1495/2022 of Kannur Town police station, seek relief of regular bail in this matter. 2. Heard the learned counsel for the petitioners as well as the learned Public Prosecutor. 3. I have perused the case diary materials placed by the learned Public Prosecutor in this case. 4. Precisely, the prosecution allegation is that at about 11.30 p.m. on 18.12.2022, accused Nos.1 to 7 formed themselves into an unlawful assembly armed with deadly weapons, viz., knife, cricket stump etc., with common object to do away the defacto complainant as well as his friend, Sri.Anuragh. Thereafter, in prosecution of the said common ``` BAIL APPL. NO. 573 OF 2023 ``` ``` 4 ``` object, they assaulted the defacto complainant and the friend of the defacto complainant by using the said weapons. The prosecution allegation further is that, in consequence of the overt acts of the accused, the defacto complainant and his friend sustained serious injuries including fracture, though they survived. Accordingly, the prosecution alleges commission of offences punishable under Sections 143, 147, 148, 341, 324, 326 and 307 read with Section 149 of IPC. 5. The learned counsel for the petitioners pressed for bail, on the submission that this occurrence is the outcome of a clash between the accused and the defacto complainant after the World Cup Football final and there was no intention on the part of the accused to do away the defacto complainant or his friend. The learned counsel for the petitioners would submit that the petitioners are innocent and the investigation requiring their custody is practically over and therefore, they can be enlarged on bail. ``` BAIL APPL. NO. 573 OF 2023 ``` ``` 5 ``` 6. However, the learned Public Prosecutor zealously opposed grant of bail mainly on two grounds. It is pointed out that the allegations are serious and the defacto complainant and his friend sustained very serious injuries including fracture. Further, it is pointed out that accused Nos.2, 3, 4 and 7 are having criminal antecedents. Therefore, immediate release of the petitioners on bail would stall the investigation, is the submission of the learned Public Prosecutor. 7. I have perused the case diary and also perused wound certificate as that of Alex Antony and Anuragh Ranjith (the defacto complainant and his friend) respectively. The wound certificates would suggest lengthy injuries on various parts of the body inclusive of frontal area and scalp. 8. Insofar as the criminal antecedents of the petitioners are concerned, the second accused had involvement in the following crimes. ``` BAIL APPL. NO. 573 OF 2023 ``` ``` 6 ``` 1. Crime No.2197/2022 of Kannur Town police station under Sections 323, 341 read with 34 IPC 2. Crime No.1000/2022 of Kannur Town police station under Section 341, 353, 332 read with 34 IPC and Section 117(e) of KP Act 3. Crime No.1331/2015 of Kannur Traffic police station under Section 279 IPC and Section 185 of the MV Act. 9. Though one crime is reported in relation to accused Nos.3, 4 and 7, the crime reported insofar as the 4[th] accused is one punishable under Section 279 of IPC read with Section 185 of MV Act and is in the year 2016. Similarly, the crime reported in relation to Accused Nos.3 and 7 are of the years 2016 and 2012 respectively, and the offences also not so serious. Since it is reported by the Investigating Officer, as pointed out by the learned Public Prosecutor, that the second accused had involvement in three other crimes and two among the crimes are of the year 2022, I am not inclined to release him on bail at this stage and I leave the ``` BAIL APPL. NO. 573 OF 2023 ``` ``` 7 ``` liberty of the second accused to approach the competent court for getting him released on bail at a later stage, after substantive improvement in the investigation. 10. As far as the other accused are concerned, I am inclined to release them on bail since they have been in custody from 19.12.2022 and their further custody for the purpose of investigation is found to be not necessary, on analysing the progress of investigation to be read out from the case diary. In the result, bail application of the second accused/first petitioner stands dismissed and bail application of accused Nos.3 to 7 stands allowed on the following conditions: - i. Petitioner Nos. 2 to 6/accused Nos.3 to 7 shall be released on bail on their executing bond for Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties each, each for the like amount to the satisfaction of the Jurisdictional court, concerned. ``` 8 ``` ## **`BAIL APPL. NO. 573 OF 2023`** - ii. Petitioner Nos. 2 to 6/accused Nos.3 to 7 shall not intimidate the witnesses or tamper with evidence. They shall co-operate with the investigation and shall be available for trial. - iii. Petitioner Nos. 2 to 6/accused Nos.3 to 7 shall appear before the Investigating Officer on every Monday between 9 am to 10 am for a period of six weeks, after their release or till the investigation is completed whatever occur first. Further they shall appear before the Investigating Officer as and when directed. - iv. Petitioner Nos. 2 to 6/accused Nos.3 to 7 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. Petitioner Nos. 2 to 6/accused Nos.3 to 7 shall surrender their passport, if any, within 7 days from the date of his release, before the trial court. If they have no passport, they shall file ``` BAIL APPL. NO. 573 OF 2023 ``` ``` 9 ``` an affidavit in this regard on the date of execution of the bond or within 3 days thereafter. vi. Petitioner Nos. 2 to 7/accused Nos.3 to 7 shall not involve in any other offence during the currency of bail and any such event, if reported to came to the notice of this court, the same shall be a reason to cancel the bail hereby granted. ## **Sd/-** **A. BADHARUDEEN** **JUDGE** nkr