Kerala High Court
Suneer.K.A vs State Of Kerala on 19 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHIRCY V.
FRIDAY, THE 19TH DAY OF NOVEMBER 2021 / 28TH KARTHIKA, 1943
BAIL APPL. NO. 8560 OF 2021
CRIME NO.513/2021 OF ALUVA WEST POLICE STATION (ALANGAD), Ernakulam
AGAINST THE ORDER/JUDGMENT IN CRMC 2167/2021 OF II ADDITIONAL
DISTRICT COURT,ERNAKULAM, ERNAKULAM
CRIME NO.513/2021 OF ALUVA WEST POLICE STATION
PETITIONER/ACCUSED NO.2:
SUNEER.K.A.,
AGED 38 YEARS
S/O. ASHRAF, MANAPPADAM HOUSE, KARIYAMPILLY, MANNAM P.O.,
KARUMALLOOR VILLAGE, PARAVUR TALUK.
BY ADV PAUL VARGHESE SRAMBICAL
RESPONDENTS/COMPLAINANT :
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA 682 031.
SMT. SREEJA - SR.P.P.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
19.11.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A.8560 /2021
2
ORDER
Dated this the 19th day of November, 2021
This petitioner who is the second accused in Crime
No.513/2021 of Aluva West Police Station, Ernakulam District
has filed this application for his release on bail. He has been
charged for having committed the offences punishable under
Sections 324, 326,394, 307 r/w 34 of the Indian Penal Code.
2. The prosecution allegation is that on 4.02.201, at about 10.30
p.m., this petitioner along with other accused due to their enmity
towards the defacto complainant wrongfully restrained and
manhandled him. He was beaten by this petitioner with an iron
rod which resulted in causing a fracture on his head. Apart from
that he has also sustained injuries in the attack by this petitioner
as well as the other accused. Thus this crime was registered
against him.
3. Petitioner has been in custody since 3.10.2021.
B.A.8560 /2021
4. The learned counsel for the petitioner submitted that the
petitioner is falsely implicated in this crime. But the said
submission is refuted by the learned Public Prosecutor and it is
reported that the investigation is well in progress.
5. Heard the rival contentions.
6. It is reported that this petitioner is having criminal
antecedents as he is involved in four other crimes. All those
crimes have beenregistered under Sections 406 and 420 of the
Indian Penal Code. Now the investigation in this case is well in
progress. Considering the said fact as well the period of
detention undergone by him in connection with this crime, I am
inclined to release him on bail subject to the following
conditions:-
(i) The petitioner shall be released on bail on his executing a
bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only)
with two solvent sureties for the like sum each to the
satisfaction of the court having jurisdiction.
B.A.8560 /2021
(ii) The petitioner shall appear before the Investigating Officer
for interrogation as and when required by him, in writing.
(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
al/-
