Shanu vs State Of Kerala
2021 Latest Caselaw 1861 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                 THE HONOURABLE MR. JUSTICE ASHOK MENON

     MONDAY, THE 18TH DAY OF JANUARY 2021 / 28TH POUSHA, 1942

                       Bail Appl..No.398 OF 2021

  AGAINST THE ORDER/JUDGMENT IN CRMP 13/2021 DATED 06-01-2021 OF
          JUDICIAL MAGISTRATE OF FIRST CLASS-I ,ALATHUR

   CRIME NO.236/2020 OF Wadakkancherry Police Station, Palakkad


PETITIONER/S:

      1         SHANU
                AGED 20 YEARS
                SON OF SANTHOSH, ELAMKAVU, KIZHAKKANCHERRY,
                PALAKKAD - 678508

      2         SAFAR
                AGED 30 YEARS
                SON SULAIMAN, KUNNATHU HOUSE, PRADHANI,
                WADAKKANCHERRY, PALAKKAD.
                678508

                BY ADV. SRI.V.A.JOHNSON (VARIKKAPPALLIL)

RESPONDENT/S:

                STATE OF KERALA
                REPRESENTED BY PUBLIC PROSECUTOR,
                HIGH COURT OF KERALA, ERNAKULAM
                682031

                R1 BY PUBLIC PROSECUTOR
                SMT.V.SREEJA -PP

     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION            ON
18.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Bail Appl..No.398 OF 2021

                                   2

                              ORDER

Dated this the 18th day of January 2021

Application for regular bail under Section 439

Cr.P.C.

The applicants are accused Nos.2 and 5 in

Crime No.236/2020 of Vadakkancherry Police

Station, Palakkad, for having allegedly committed

offences punishable under Sections 341, 324, 308,

506(ii), 120B r/w Section 34 of the IPC.

2. The prosecution case, in brief, is that on

08.04.2020 at about 8.30 p.m, the applicants and

other accused hatched a conspiracy to assault the

de facto complainant and thereafter in furtherance

of common intention and the conspiracy that they

had hatched, wrongfully restrained the de facto

complainant and attacked him with dangerous

weapons like sword and sticks and attempted to

commit culpable homicide. The first applicant was

initially arrested on 10.04.2020 and he was

granted bail on 28.04.2020. Thereafter he Bail Appl..No.398 OF 2021

committed default by getting involved in another

crime and he was again arrested on 27.09.2020. The

second applicant was arrested on 29.11.2020. The

applicants state that they are willing to co-

operate with the investigation and abide by any

condition and hence they may not be detained any

longer since the final report has already been

filed after completion of the investigation and

therefore detention of the applicant may not serve

any purpose.

3. Heard the learned counsel for the

applicants and the learned Public Prosecutor.

4. The learned Public Prosecutor points out

that the first applicant is a notorious criminal,

he is involved in three other crimes apart from

this, in the year 2012, 2015 and 2020. The second

applicant is also involved in two other crimes in

the year 2020. Therefore, considering the

antecedents of the applicants, it is prayed that

they may not be granted bail.

Bail Appl..No.398 OF 2021

5. After having heard the submissions on both

sides, I find that going by the facts in this

case, the injuries sustained are not life

threatening and weapons have been recovered. The

first applicant was also granted bail in this

crime but he committed a breach of the condition

and therefore he was again incarcerated. The

applicants have been in custody for some time. It

is true that both the applicants have criminal

antecedents. But that alone could not be a reason

for declining bail to them. The applicants can

therefore be released on bail on stringent

conditions.

6. In the result, the bail application is

allowed and the applicants are directed to be

released on bail on execution of bond for

Rs.50,000/- (Rupees Fifty thousand only) each with

two solvent sureties for the like amount each to

the satisfaction of the jurisdictional court and

on the following conditions;

Bail Appl..No.398 OF 2021

(1) They shall surrender their passports and

if they do not have one, file an affidavit to

that effect.

(2) They shall not enter the jurisdiction of

the police station for a period of six months.

(3) They shall not attempt to influence or

intimidate the witnesses.

(4) They shall not get involved in similar

offences during the currency of the bail.

In the event of violating the bail conditions,

the prosecution shall be at liberty to apply for

cancellation of bail before the jurisdictional

court.

Sd/-

ASHOK MENON JUDGE SPK