IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 8TH DAY OF JUNE 2022 / 18TH JYAISHTA, 1944
BAIL APPL. NO. 4197 OF 2022
CRIME NO.389/2022 OF Irinjalakuda Police Station, Thrissur
AGAINST THE ORDER/JUDGMENT IN CRMC 583/2022 OF DISTRICT COURT
& SESSIONS COURT,THRISSUR
PETITIONER/S:
MIDHUN
AGED 25 YEARS
S/O. MOHANAN,
CHERUPARAMBIL HOUSE, EAST COMBARA DESOM,
MANAVALASSERY VILLAGE, THRISSUR
PIN - 680121
BY ADVS.LEO LUKOSE
ENOCH DAVID SIMON JOEL
S.SREEDEV
RONY JOSE
SUZANNE KURIAN
CIMIL CHERIAN KOTTALIL
AKSHAY PAVAN
RESPONDENT/S:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR.
(THROUGH THE INSPECTOR OF POLICE,
IRINJALAKUDA POLICE STATION, THRISSUR)., PIN -
682031
BY PUBLIC PROSECUTOR SRI.M.C.ASHI
THIS BAIL APPLICATION HAVING COME UP FOR
ADMISSION ON 08.06.2022, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
B.A. No.4197 of 2022 :2:
VIJU ABRAHAM, J.
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B.A. No.4197 of 2022
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Dated this the 8th day of June, 2022
ORDER
This is an application for regular bail.
2. The petitioner is accused No.2 in Crime No. 389/2022 of Irinjalakkuda Police Station. The offence alleged against the petitioner is under Sections 341, 323, 324, 326 and 308 r/w Section 34 of the Indian Penal Code.
3. The prosecution allegation is that, on 16.04.2022, at 7.00 pm, the accused in the case, who are 6 in number, attacked the defacto complainant in a road near Velayanad Lakshamveedu Colony and the accused wrongfully restrained the defacto complainant. The accused voluntarily caused grievous hurt to the defacto complainant by beating him with dangerous weapon.
4 .The learned counsel for the petitioner submitted that the petitioner was arrested on 17.04.2022 and that he is continuing in custody for 53 days. It is also submitted that the petitioner was falsely implicated in the case due to animosity between the 1 st accused and the defacto complainant. The petitioner also moved B.A. No.4197 of 2022 :3: an application before the Sessions Court, Thrissur, which was rejected as per Annexure A2 order.
5. The learned Public Prosecutor seriously opposed the bail application mainly contending that the petitioner is involved in several other crimes and that a report has been submitted before the trial court, including offence punishable under Section 3(2) (va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. The learned counsel for the petitioner submitted that the petitioner also belongs to the 'pulaya' community and to prove the same, he has produced certificates issued in this regard to his mother and his sister and submitted that the offence under the said Act is not attracted.
6. Having regard to the facts and circumstances of the case, considering the nature of the allegations and considering the fact that the petitioner is in custody for 53 days, I am inclined to grant bail to the petitioner subject to stringent conditions. In the result, the bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:
(i) The petitioner shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like-sum to the B.A. No.4197 of 2022 :4: satisfaction of the jurisdictional court;
(ii) Petitioner shall appear before the investigating officer in Crime No. 389/2022 of Irinjalakkuda Police Station, on every Saturday at 11 am, until filing of final report;
(iii) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate the defacto complainant or any witness in Crime No. 389/2022 of Irinjalakkuda Police Station;
(iv) The petitioner shall not enter the local limits of the Irinjalakkuda police station where the defacto complainant is residing except for the purpose of complying with condition No.(ii) above;
(v) The petitioner shall surrender his passport before the jurisdictional court. If the petitioner does not have a passport, he shall execute an affidavit to that effect and file the same before the said court within seven days of release on B.A. No.4197 of 2022 :5: bail;
(vi) The petitioner shall not involve in any other crime while on bail.
If any of the aforesaid conditions are violated, the investigating officer in Crime No. 389/2022 of Irinjalakkuda Police Station may file an application before the jurisdictional court, for cancellation of bail.
Sd/-
VIJU ABRAHAM JUDGE sm/ B.A. No.4197 of 2022 :6: APPENDIX OF BAIL APPL. 4197/2022 PETITIONER ANNEXURES Annexure A1 A TRUE COPY OF THE F.I.R. IN CRIME NO:
389/2022 OF IRINJALAKUDA POLICE STATION, THRISSUR Annexure A2 A TRUE COPY OF THE ORDER DATED 17.05.2022 IN CRL.M.C. NO. 583/2022 ON THE FILES OF THE COURT OF THE SESSION JUDGE, THRISSUR