Kerala High Court
Manoj vs State Of Kerala on 9 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHIRCY V.
TUESDAY, THE 9TH DAY OF NOVEMBER 2021 / 18TH KARTHIKA, 1943
BAIL APPL. NO. 8029 OF 2021
CRIME NO.513 OF 2021 OF KODAKARA POLICE STATION, THRISSUR DISTRICT
PETITIONER/ACCUSED NO.5:
AMALDEV
AGED 22 YEARS
S/O.SUDEV, CHULLIKAL HOUSE, MOONUMURI DESOM,
MATTATHUR VILLAGE, THRISSUR - 680 684.
BY ADVS.
JITHIN BABU A
ARUN SAMUEL
RESPONDENTS/STATE:
1 STATE OF KERALA
REPRESENTED BY ITS PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031.
2 STATION HOUSE OFFICER
KODAKARA POLICE STATION, THRISSUR DISTRICT,
PIN - 680 684.
NOUSHAD.K.A- SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
09.11.2021, ALONG WITH Bail Appl..8177/2021, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 8029 OF 2021
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHIRCY V.
TUESDAY, THE 9TH DAY OF NOVEMBER 2021 / 18TH KARTHIKA, 1943
BAIL APPL. NO. 8177 OF 2021
CRIME NO.513 OF 2021 OF KODAKARA POLICE STATION, THRISSUR
DISTRICT
AGAINST THE ORDER/JUDGMENT IN CRMP 4045/2021 OF JUDICIAL
MAGISTRATE OF FIRST CLASS, IRINJALAKUDA, THRISSUR
PETITIONERS/ACCUSED NOS.1, 3, 4 & 6:
1 MANOJ, AGED 33 YEARS,
S/O RAJAN, NAMBUKULANGARA HOUSE, KAROOR DESOM,
KODAKARA, THRISSUR-680 684.
2 ABHINAND, AGED 23 YEARS
S/O SUBRAMANIAN, THARAYIL HOUSE, CHEMBUCHIRA DESOM,
MATTATHUR VILLAGE, THRISSUR-680 684.
3 SUJUMON, AGED 18 YEARS
S/O SUBRAMANIAN, KALLUMTHARA HOUSE, CHEMBUCHIRA
DESOM, MATTATHUR VILLAGE, THRISSUR-680 684.
4 VISHNU @ KUNJAN, AGED 24 YEARS
S/O SUNDARAN, VATTAKKUTTA HOUSE,
NARIPPARA DESOM, MATTATHUR VILLAGE, THRISSUR-680
684.
BY ADVS.
JITHIN BABU A
ARUN SAMUEL
RESPONDENTS/STATE:
1 STATE OF KERALA
REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN-682031.
2 STATION HOUSE OFFICER
BAIL APPL. NO. 8029 OF 2021
3
KODAKARA POLICE STATION, THRISSUR DISTRICT,
PIN-680684.
NOUSHAD.K.A- SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
09.11.2021, ALONG WITH Bail Appl..8029/2021, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 8029 OF 2021
4
ORDER
Both the Applications are for regular bail.
2. B.A.No.8029/2021 is the application for regular bail filed
by the petitioner/accused No.5 in Crime No.513/2021 of Kodakara
Police Station, Thrissur District registered for the offences
punishable under Sections 143, 147, 148, 341, 323, 324, 326,
294(b), 506(ii), 427 and 308 r/w 149 of the Indian Penal Code.
B.A.No.8177/2021 is the application filed by the petitioners/accused
Nos.1, 3, 4 & 6 of the same crime.
3. The petitioners are in custody since 08.10.2021.
4. The first information report as well the connected
records would reveal that on 08.10.2021 at about 1.30 p.m, these
petitioners along with the other accused have formed themselves
into an unlawful assembly armed with deadly weapon with the
common object to attack the defacto complainant had wrongfully
restrained him at Nellai Junction, Kodakara and abused him in filthy
language and attacked him as well as his friends with deadly
weapons, while he was travelling in his car along with his friends.
They have also beaten him with an iron rod and caused fatal
injuries on head. Another blow, which was aimed to his head was
BAIL APPL. NO. 8029 OF 2021
some how or other evaded by him but it fell on the back side of his
head and caused severe injuries. Had it been other wise it would
have caused his death. Thereby they have committed the aforesaid
offences.
5. According to the learned counsel for the petitioners, they
were falsely implicated in the case. In fact, no specific overt act is
alleged against these petitioners and they were not even having
any weapon so as to inflict injuries as alleged. Only the 2 nd accused
was having a weapon with him. In fact, the defacto complainant
was invited to the junction by these petitioners as they were having
some issues with regard to a money transaction. When they came
for a settlement talk, there arose some scuffle all on a sudden and
accidentally he along with his friends sustained injuries. But these
petitioners have not inflicted any injury on the defacto complainant
as alleged by the prosecution. But they are undergoing
unnecessary incarceration since the date of their arrest.
6. The learned Public Prosecutor opposed the bail
applications and submitted the wound certificates of the defacto
complainant and his friends, who sustained injuries, for perusal.
7. The defacto complainant had sustained grievous injuries
as revealed from the wound certificates. Apart from the defacto
BAIL APPL. NO. 8029 OF 2021
complainant his friend Anjith, aged only 24 years had also
sustained serious injuries and both of them along with the other
petitioner who sustained minor injuries, were rushed to the nearby
hospital and they had undergone treatment there. They were
treated only as outpatient and they were not admitted in any
hospital as evident from the wound certificates produced by the
learned Public Prosecutor. That would indicate that the injuries were
not that serious in nature.
8. It is true that another crime has been registered against
the defacto complainant as Crime No.512/2021 in which he along
with his friends were arrainged as accused. Now the investigation
is going on smoothly.
9. Considering the entire facts and circumstances involved
as well the registration of Crime No.512/2021 against the defacto
complainant and his friends (the injured), I think that both these
bail applications can be allowed and they can be enlarged on bail
subject to the following conditions:
(i) The petitioners shall be released on bail on each of
them 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.
BAIL APPL. NO. 8029 OF 2021
(ii) They shall appear before the Investigating Officer
for interrogation as and when required by him, in
writing.
(ii) They 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.
(iii) They 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
mpm
