Kerala High Court
Aneesh vs State Of Kerala on 4 August, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE K.HARIPAL
WEDNESDAY, THE 4TH DAY OF AUGUST 2021 / 13TH SRAVANA, 1943
BAIL APPL. NO. 5667 OF 2021
IN CRIME NO. 659 OF 2021 OF THIRUVALLA POLICE STATION,
PATHANAMTHITTA DISTRICT
AGAINST THE ORDER/JUDGMENT IN CRMP 1567/2021 OF JUDICIAL
MAGISTRATE OF FIRST CLASS ,THIRUVALLA, PATHANAMTHITTA
PETITIONER/1ST ACCUSED:
ANEESH
AGED 35 YEARS
S/O. ANANDAN, MUNDANARIL HOUSE, NIRANAM
KIZHAKKUMBHAGOM, THIRUVALLA, PIN-689 621
BY ADVS.
K.RAMACHANDRAN
T.P.PRADEEP
MINIKUMARY M.V.
AJAI JOHN
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN-682 031
BY ADVS.
ADDL.DIRECTOR GENERAL OF PROSECUTION
SHRI.P.NARAYANAN, ADDL.PUBLIC PROSECUTOR
SR.PP - SRI. C.K.SURESH
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
04.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 5667 OF 2021
2
ORDER
This is an application filed under Section 439 of the
Cr.P.C. Petitioner is the 1st accused in Crime No. 659 of 2021 of
Thiruvalla police station in Pathanamthitta district, which was
registered alleging offence punishable under Sections 143, 147,
148, 452, 294(b), 506(ii), 324, 326 and 307 read with Section 149
of the IPC.
2. The allegation is that suspecting illicit relationship
between the mother of the petitioner and the defacto complainant,
on 22.03.2021 at 11 pm accused persons formed an unlawful
assembly and in prosecution of their common object and, after
making preparations armed with deadly weapons, trespassed upon
the residence of the defacto complainant and caused him grievous
hurt and made attempts against his life. The petitioner was arrested
on 21.06.2021 and since then is in judicial custody.
3. According to the learned counsel for the petitioner,
accused Nos. 2 to 4 have already been arrested and released on
bail, that accused Nos. 5 and 6 have obtained anticipatory bail.
According to him, investigation has progressed and further
detention is not necessary. He also stated that the petitioner has
BAIL APPL. NO. 5667 OF 2021
criminal antecedents and the number of cases have been narrated
in the statement of facts. He has stated that the defacto
complainant also have criminal antecedents.
4. The learned Public Prosecutor has submitted that the
petitioner is a history sheeter, having twenty four cases to his
credit including offence under Sections 308 and 379 of the IPC.
But investigation in this crime has completed and final report has
been laid. Therefore his further detention is not warranted.
5. In the circumstances, the petitioner shall be released on
bail on the following conditions:-
i) Petitioner shall execute a bond for Rs.50,000/-(Rupees
Fifty Thousand only) with two solvent sureties each for the like
sum to the satisfaction of the committal/trial court;
ii) He shall not try to contact or influence the witnesses or
tamper with the evidence;
iii) He shall not leave the country without permission of the
jurisdictional court;
iv) He shall not involve in any crime during the period on
bail;
v) He shall appear before the trial Court as and when
BAIL APPL. NO. 5667 OF 2021
required;
vi) The petitioner shall strictly abide the various guidelines
issued by the State and Central Governments with respect to
keeping of social distancing in the wake of Covid 19 pandemic;
vii) If any of the above conditions are violated by the
petitioner, the trial court will be a liberty to cancel the bail, in
accordance with law.
Bail Application is allowed as above.
Sd/-
K.HARIPAL
JUDGE
RMV/04/08/2021
