IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 3RD DAY OF JUNE 2022 / 13TH JYAISHTA, 1944
BAIL APPL. NO. 3843 OF 2022
AGAINST THE ORDER/JUDGMENT IN CRMP 1100/2021 OF SESSIONS COURT,KOLLAM
IN CRIME NO.945/2018 OF OACHIRA POLICE STATION, KOLLAM DISTRICT
PETITIONER/2ND ACCUSED:
PYARI,
AGED 21 YEARS,
S/O.JAGATHALAPRATHAPAN, MOZHOORTHARAYIL VEEDU, PAIKUZHI
MURI, OACHIRA VILLAGE, KOLLAM DISTRICT , PIN - 690526
BY ADVS.
K.SIJU
S.ABHILASH
ANJANA KANNATH
T.S.SREEKUTTY
RESPONDENTS/STATE:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
2 STATION HOUSE OFFICER,
OACHIRA POLICE STATION,
KOLLAM DISTRICT
PIN - 690526
OTHER PRESENT:
PP - SRI. M.C.ASHI
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
03.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A. No. 3843 of 2022 2
VIJU ABRAHAM, J.
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B.A. No. 3843 of 2022
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Dated this the 3rd day of June, 2022
ORDER
This is an application for regular bail.
2. Petitioner is the 2nd accused in Crime No.945 of 2018 of Oachira Police Station registered for the offence alleged under Sections 395, 326, 120B & 427 IPC.
3. The prosecution case is that the accused persons in furtherance of their criminal conspiracy to commit decoity against de-facto complainant Sreenath and his father who were travelling in their Gipsy Van, on 13.9.2018 at 1.15 pm, on Alappuzha - Kollam NH road at Changankulangara Junction, they restrained them and committed mischief by destroying the wind screen glasses of the Gipsy Van by using iron rod and beaten them all over their body with an iron rod and took away Rs.30,000/-. By the said act and they sustained serious injuries and thereby the B.A. No. 3843 of 2022 3 accused are alleged to have committed the above said offences.
4. The petitioner was arrested on 2.10.2018 and was enlarged on bail as per the order of the Court of Session dated 16.11.2018 in Crl.M.C.No.1831 of 2018. Thereafter, the investigating officer has filed a report before the Sessions Court, Kollam on 21.10.2021 stating that the petitioner had violated the conditions of the bail and involved in five other cases during bail. He was also proceeded under Section 3(1) of the KAAPA. In the said petition filed by the investigating officer, the Sessions Court passed Annexure-A1 order whereby the bail granted to the petitioner in Crime No.945 of 2018 was cancelled. Thereafter, the petitioner is in custody from 18.3.2022.
5. Learned Public Prosecutor upon instruction submitted that after he was released on bail in the present case, on 16.11.2018 he got involved in other 6 cases and that a Rowdy History Sheet was opened against him as per order No.416/GL/2019/KS dated B.A. No. 3843 of 2022 4 30.8.2019.
6. Taking into consideration the fact that he got involved in other 6 cases after he was granted bail by the trial court, thereby violated the conditions of the bail, I am not inclined to grant bail to the petitioner at present.
Accordingly, the bail application is dismissed.
sd/-
VIJU ABRAHAM, JUDGE pm B.A. No. 3843 of 2022 5 APPENDIX OF BAIL APPL. 3843/2022 PETITIONER'S ANNEXURE:
Annexure1 THE CERTIFIED COPY OF ORDER DATED 18.3.2022 IN CRL.M.P NO.1100/2021 IN CRIME NO.945/2018 OF OACHIRA POLICE STATION