Suraj vs State Of Kerala
2021 Latest Caselaw 12900 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
              THE HONOURABLE MRS. JUSTICE SHIRCY V.
      FRIDAY, THE 11TH DAY OF JUNE 2021 / 21ST JYAISHTA, 1943
                   BAIL APPL. NO. 4511 OF 2021
      CRIME NO.192/2021 OF Kodanad Police Station, Ernakulam
 AGAINST THE ORDER/JUDGMENT IN CRMC 868/2021 OF DISTRICT COURT &
               SESSIONS COURT, ERNAKULAM, ERNAKULAM
PETITIONER/ACCUSED NO.2 :-

          SURAJ
          AGED 24 YEARS
          S/O.SUSEELAN, THENGUMPARAMBIL (H),
          NEAR KOOVAPPADY PANCHAYAT OFFICE, AIMURY KARA,
          KOOVAPPADY VILLAGE, ERNAKULAM DISTRICT.

          BY ADV AJEESH M UMMER



RESPONDENT/COMPLAINANT :-

          STATE OF KERALA
          (SHO KODANAD P.S.), REPRESENTED BY PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031.

          BY SRI.AJITH MURALI - PUBLIC PROSECUTOR


THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11.06.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NO. 4511 OF 2021
                                    2

                                  ORDER

Application for regular bail.

2. The petitioner is the second accused in Crime

No.192 of 2021 of Kodanad Police Station, Ernakulam

District registered for the offences punishable under

Sections 341, 294(b) and 307 r/w Section 34 of the

Abkari Act.

3. The prosecution allegation is that the

petitioner along with the accused due to their enmity

towards the defacto complainant on 18.04.2021 at

about 4 pm, wrongfully restrained him and abused him

in filthy language and with the intention to cause

his death attacked him and caused severe injuries

with deadly weapons such as chopper and sickle.

Thereby, committed the aforesaid offences.

4. The petitioner has been in custody since

20.04.2021.

5. According to the learned counsel for the

petitioner he is totally innocent of the allegations

levelled against him. In fact, he has been falsely BAIL APPL. NO. 4511 OF 2021

implicated in this case. He has also pointed out

that the learned Sessions Judge had already granted

bail to the first accused. But this petitioner is

undergoing incarceration for the last more than 15

days.

6. The learned Public Prosecutor has submitted

that the investigation is practically over.

As the investigation has progressed

considerably, I think that further detention may not

be required in this case. Moreover, the other

accused had already been granted bail. But as this

petitioner is having criminal antecedents, this

application is accepted imposing some stringent

conditions :

(i) The petitioner shall be released on bail on his executing a bond for a sum of Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction. One surety shall be close relative.

(ii) He shall also appear before the Investigating Officer on every Monday and Friday between 10 and 11 am for a period of two months or till the final report is filed, whichever is earlier.

BAIL APPL. NO. 4511 OF 2021

(iii) The petitioner shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.

(iv) The petitioner shall not commit any offence while on bail.

In case of violation of any of the

above conditions, the learned Magistrate is

empowered to cancel the bail in accordance with

the law.

Sd/-

SHIRCY V.

JUDGE SMA