Kerala High Court
Ajith @ Aji vs State Of Kerala on 17 June, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
THURSDAY, THE 17TH DAY OF JUNE 2021 / 27TH JYAISHTA, 1943
BAIL APPL. NO. 4310 OF 2021
AGAINST THE ORDER/JUDGMENT IN CRMP 7/2021 OF JUDICIAL MAGISTRATE
OF FIRST CLASS ,VARKALA, THIRUVANANTHAPURAM
Crime No.486/2021 of Kadakkavoor Police Station, Thiruvananthapuram
PETITIONER/S:
BYJU @ KOCHU BYJU
AGED 38 YEARS
S/O. BABU, KATTUVILA VEEDU, KODITHOOKKIKUNNU,
KAVALAYOOR POST, MANAMBOOR VILLAGE, THIRUVANANTHAPURAM
DISTRICT-695144.
BY ADV P.ANOOP (MULAVANA) (K/1037/2005)-10922
RESPONDENT/S:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
-682031.
BY ADV SMT.V.SREEJA/SRI.SANTHOSH PETER, PUBLIC
PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17.06.2021,
ALONG WITH Bail Appl..4356/2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
BA 4310 & 4356/2021
-2-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
THURSDAY, THE 17TH DAY OF JUNE 2021 / 27TH JYAISHTA, 1943
BAIL APPL. NO. 4356 OF 2021
Crime No.486/2021 of Kadakkavoor Police Station, Thiruvananthapuram
PETITIONER/S:
AJITH @ AJI
AGED 35 YEARS
S/O.CHANDRA MOHAN, MUTTUKONAM, CHARUVILA VEEDU,
KULAMUTTAM POST, KAVALAYOOR DESOM, MANABOOR VILLAGE,
THIRUVANANTHAPURAM DISTRICT-695 611.
BY ADV P.ANOOP (MULAVANA)
RESPONDENT/S:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
PIN-682 031.
BY SMT.V.SREEJA/SRI.SANTHOSH PETER, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17.06.2021,
ALONG WITH Bail Appl..4310/2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
BA 4310 & 4356/2021
-3-
ASHOK MENON, J.
------------------------------------
BA Nos.4310 and 4356 of 2021
-------------------------------------
Dated this the 17th day of June, 2021
COMMON ORDER
Applications for regular bail under Section 439 Cr.PC.
2. The applicant in BA No.4310/2021 is the eighth accused, while
the applicant in BA No.4356/2021 is the tenth accused in Crime No.486/2021
of Kadakkavoor Police Station, Thiruvananthapuram for having allegedly
committed offences punishable under Sections 120B, 143, 147, 148, 324,
326 and 302 read with Section 149 IPC and Section 3(a) of the Explosives
Substances Act.
3. The prosecution case, in brief, is that the deceased was a
notorious criminal having several crimes registered against him. He was a
nuisance and menace to society as also to the accused in this crime, their
family and the nearby residents. It is alleged that most of the accused have
made several complaints against the deceased for harassment. The
applicants also had allegedly made some complaints against the deceased
and therefore, there was an existing ill feeling between the applicants and the
BA 4310 & 4356/2021
deceased. It so happened that the applicants and the rest of the accused
hatched a conspiracy to commit murder of the deceased and get rid of his
nuisance. Accordingly, on 09.05.2021 at about 9.30 PM at Perumkulam
Desom in Manamboor Village, the applicants and the rest of the accused in
furtherance of the conspiracy that they had hatched, formed an unlawful
assembly, and in the prosecution of the common object of that unlawful
assembly to commit murder, the 6th accused hurled a country bomb at the
deceased, causing him to get hurt, and he fell down. He was attacked by the
rest of the accused. Accused Nos.1, 3 and 4 attacked him with choppers,
whereas the rest of the accused hit him with sticks as a result of being
hacked with choppers and knife, he succumbed to the injuries and thus the
crime was registered against the applicants. The applicants were arrested on
11.5.2021 and 12.5.2021, respectively, and have been in custody since then.
The applications filed by them before the jurisdictional court were dismissed.
Hence, they have approached this Court seeking indulgence.
4. Heard the learned Counsel for the applicants and the learned
Public Prosecutor.
5. The learned Public Prosecutor admits that the applicants have no
criminal antecedents. But considering the gravity of the offence, it is
BA 4310 & 4356/2021
submitted that they may not be released on bail. The learned counsel
appearing for the applicants submits that in view of the fact that the applicants
have no criminal antecedents, it has to be believed that they are not criminals
involved in many criminal activities and moreover, his specific allegation
against them is that they had only used sticks to assault the deceased which
definitely would not have caused his death. Under the circumstances, it is
prayed that they may be released on bail.
6. The fourth accused was already granted bail by this Court earlier.
The applicants were similarly placed and therefore, the applicants are entitled
to be released on bail.
7. In the result, the bail applications are allowed and the applicants
are directed to be released on bail on the execution of a bond for Rs.50,000/-
(Rupees fifty thousand only) each with two solvent sureties each for the like
amount to the satisfaction of the jurisdictional court, and on the following
other conditions:
1. They shall appear before the investigating officer as and when called for
and shall cooperate with the investigation;
2. They shall not attempt to influence or intimidate the witnesses; and
BA 4310 & 4356/2021
3. They shall not get involved in similar offences during the currency of the
bail.
In case of breach of any of the bail conditions, the prosecution shall be at
liberty to apply for cancellation of the bail before the jurisdictional Court.
Sd/-
ASHOK MENON
JUDGE
jg
BA 4310 & 4356/2021
APPENDIX OF BAIL APPL. 4356/2021
PETITIONER ANNEXURE
ANNEXURE 1 TRUE COPY OF THE ORDER IN CRL.MP 05/2021 OF
JFMC-1, VARKALA DATED 19.05.2021.
