IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
MONDAY, THE 12TH DAY OF JUNE 2023 / 22ND JYAISHTA, 1945
BAIL APPL. NO. 1259 OF 2023
CRIME NO.326/2022 OF MALAMPUZHA POLICESTATION, PALAKKAD
PETITIONERS/ACCUSED NOS.1 TO 4:
1 NAVEEN,AGED 39 YEARS,S/O SREENATH, NAYANAM HOUSE,
KUNNANKAD, KOTTEKKAD, PALAKKAD -, PIN - 678005
2 ANEESH, AGED 30 YEARS
S/O CHANDRAN, KUNNAMKAD HOUSE, KOTTEKKAD,
MALAMPUZHA, PALAKKAD -, PIN - 678005
3 SABREESH,AGED 26 YEARS
S/O KRISHNAN, KUNNAMKAD HOUSE, KOTTEKKAD,
MALAMPUZHA, PALAKKAD-, PIN - 678005
4 SUJEESH,AGED 28 YEARS,S/O SURESH, KUNNANKAD VEEDU,
KOTTEKKAD, PALAKKAD -, PIN - 678005
BY ADVS.
S.RAJEEV,V.VINAY,M.S.ANEER
SARATH K.P.,PRERITH PHILIP JOSEPH
ANILKUMAR C.R.
RESPONDENTS/STATE:
STATE OF KERALA REP. BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM - 682031
BY PP SRI.JOBY JOSEPH
DIRECTOR GENERAL OF PROSECUTION(AG-10)
P.NARAYANAN, SENIOR G.P. AND ADDL.PUBLIC
PROSECUTOR()
SHRI.SAJJU.S., SENIOR G.P.()
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
12.06.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
BA No.1259 of 2023 2
VIJU ABRAHAM, J.
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B.A. No.1259 of 2023
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Dated this the 12th day of June, 2023
ORDER
This is an application for regular bail filed by accused Nos. 1 to 4 in Crime No.326 of 2022 of Malampuzha Police Station, Palakkad alleging commission of offences punishable under Sections 143, 144, 147, 148, 114, 115, 120 B, 201, 212, 341, 323, 324, 302 read with Section 149 of the Indian Penal Code and Sections 7(a), 7(b) read with Section 27(3) of the Arms Act.
2. The prosecution case is that on 14.08.2022 at 9.15 pm, the accused Nos.1 to 8 were fixing a flex in connection with Sreekrishna Jayanthi, which was resisted by one Shajahan, the deceased, who was the secretary of CPI(M), Kottekkad East Branch, and at that time, accused Nos.2, 3 and others who were present there had an altercation and accused nos. 2, 3 and 4 inflicted cut injury on different parts of the body of Shajahan. He later succumbed to the injuries. Accused No.9 along with other accused in the crime, had indulged in the conspiracy and abetted the crime and thereby committed the aforesaid offences.
3. The learned counsel for the petitioners submits that they are in custody from 18.08.2022 onwards and investigation is over and the BA No.1259 of 2023 3 final report has been filed and therefore their continued detention is not required for the purpose of the investigation. Petitioners further submit that accused nos. 5, 6, 7 and 8 were granted bail as per order dated 20.01.2023 in B.A. No.10498 of 2022, 9 th accused was granted bail as per order dated 20.01.2023 in B.A. No.10464 of 2022, accused no. 10 was granted bail in B.A. No.10042 of 2022 and accused nos. 11 and 12 were granted bail in B.A. No. 8809 of 2022.
4. The learned Public Prosecutor seriously opposed the application for bail mainly contending that on two occasions, the accused conspired for the murder of the deceased ie., on 26.07.2022 and on 04.08.2022, in the first conspiracy, accused Nos.2, 3, 4, 9 and 10 participated and in the second conspiracy on 04.08.2022, accused Nos.1, 3, 4, 5, 8 and 9 participated. It is further submitted that the deceased was murdered brutally as is evident from the post-mortem report. It is also submitted that the petitioners have criminal antecedents in as much as 1st accused is involved in yet another case whereas the 2 nd accused is involved in six other cases, 3rd and 4th accused are involved in one case each.
5. Learned counsel for the petitioners would submit that the investigation is over and the charge sheet is already filed and there is no chance for the trial of the case to be completed within a reasonable time. I have called for a report from the trial court concerned regarding the present stage of the case and it is reported that the Forensic Science BA No.1259 of 2023 4 Laboratory Report on the analysis of various items forwarded to the Regional Forensic Science Laboratory, Thrissur has not been returned so far and the trial of the case can only be commenced after getting the Forensic Science Laboratory Report. Learned counsel for the petitioners relying on the judgment in Union of India v. Majeed, 2021 (4) KLT SN 49 (C.No. 32) SC, submitted that when a timely trial could not be possible and the accused has suffered incarceration for a significant period of time, the court should ordinarily enlarge the accused on bail. The learned counsel also relies on the judgment in Sanjay Chandra v. CBI, 2021 (1) KLT SN 36 (C.No. 40) SC to contend that the court should not refuse bail as a mark of disapproval of former conduct of the accused and the object of bail is neither punitive nor preventive. Learned Public Prosecutor relied on the judgment in Kalyan Chandra Sarkar v. Rajesh Ranjan @ Pappu Yadav and another, (200) 7 SCC 528 to contend that even though the accused has the right to make successive applications for grant of bail, the court also has a duty to record what are the fresh grounds which persuaded it to take a different view from the one taken in the earlier application.
I have considered the bail application of the petitioners earlier and by Annexure A1 order dated 20.01.2023 rejected the same. The petitioners are in custody from 18.08.2022 and the investigation is over and the final report has been filed. From the report submitted by the trial court, the trial can commence only after getting the Forensic Science BA No.1259 of 2023 5 Lab Report and therefore there is no chance for the trial to be completed within a reasonable time. Taking all these aspects into consideration, though I have rejected the bail application as per Annexure A1, I am inclined to grant bail to the petitioners on the following stringent conditions.
(i) The petitioners shall execute a bond for a sum of Rs.100000/- (rupees one lakh only) each with two solvent sureties each for the likesum to the satisfaction of the jurisdictional court;
(ii) The petitioners shall appear before the trial court on all posting dates without fail, except specifically exempted by the trial court.
(iii) The petitioners shall not enter the jurisdiction of Palakkad District till the completion of the trial except for complying with condition no. (ii) or to attend any other court proceedings.
(iv) The petitioners shall not involve in any other crime while on bail.
If any of the aforesaid conditions are violated, the investigating officer in Crime No.326 of 2022 of Malampuzha Police Station may file an application before the jurisdictional court, for cancellation of bail.
Sd/-
VIJU ABRAHAM JUDGE cks