Sethu vs State Of Kerala
2021 Latest Caselaw 14722 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MR. JUSTICE K.HARIPAL
  WEDNESDAY, THE 14TH DAY OF JULY 2021 / 23RD ASHADHA, 1943
                      BAIL APPL. NO. 4535 OF 2021
AGAINST THE ORDER/JUDGMENT IN CRMC 194/2021 OF I ADDITIONAL
     DISTRICT COURT & ADDITIONAL MOTOR ACCIDENT CLAIMS
                       TRIBUNAL ,KOLLAM, KOLLAM
PETITIONER/S:

          SETHU
          AGED 25 YEARS
          S/O.CHELLAPPAN,
          SETHU BHAVAN, MYLOM VILLAGE,
          KOTTARAKARA TALUK, KOLLAM DISTRICT.
          BY ADV K.V.ANIL KUMAR



RESPONDENT/S:

          STATE OF KERALA
          REPRESENTED BY THE PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA, ERNAKULAM.


          BY SR.PP - SRI. SANTHOSH PETER




     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
14.07.2021,     THE    COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 BAIL APPL. NO. 4535 OF 2021
                                      2



                                ORDER

Petitioner is the first accused in Crime No. 10 of 2021 of

Kottarakara Police Station, Kollam, which was registered alleging

offence punishable under Sections 143, 147, 148, 294(b), 452, 427 and

506(ii) r/w Section 149 of the IPC.

2. The allegation is that the petitioner along with five

others formed an unlawful assembly and in prosecution of their common

object, armed with deadly weapons and after making preparations

trespassed into the residence of the defacto complainant and committed

acts of mischief by smashing the window panes of the house. They also

threatened to kill him. The petitioner/1 st accused alleged to have carried

an iron rod using which the window glasses were smashed.

3. Learned counsel for the petitioner submits that the

alleged incident was happened on a New Year Day, petitioner along with

the defacto complainant and others celebrated the New Year and after

that some nerdy altercations occurred between them, following which

the alleged incident had happened, they had not trespassed upon house BAIL APPL. NO. 4535 OF 2021

of the defacto complainant.

4. The learned Public Prosecutor denies these submissions.

According to him, the petitioner and others who were members of the

unlawful assembly trespassed into the sit-out of the house of the defacto

complainant and committed acts of mischief and caused a loss to the

tune of Rs.1,00,000/-.

5. It seems that the petitioner and the defacto complainant

are having previous acquaintance; no allegation that any personal injury

has been caused to the defacto complainant. The learned Public

Prosecutor submits that he has no criminal antecedents to his credit. The

learned counsel for the petitioner submits that he is prepared to surrender

before the Investigating Officer and also produce the weapon of offence.

Therefore, the petition is allowed leaving open

liberty to surrender before the Investigating Officer within 10 days along

with the weapon of offence; if satisfied, he shall be released on bail on

executing bond for Rs.50,000/- (Rupees Fifty Thousand Only) with two

solvent sureties each for the like sum to the satisfaction of the BAIL APPL. NO. 4535 OF 2021

Investigating Officer; he shall co-operate with the investigation, shall not

try to contact or influence the witnesses or tamper with the evidence and

shall not involve in any crime during the period on bail.

Bail Application is allowed as above.

Sd/-

K.HARIPAL JUDGE

avs