Citation : 2021 Latest Caselaw 20507 Ker
Judgement Date : 1 October, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE M.R.ANITHA
FRIDAY, THE 1ST DAY OF OCTOBER 2021 / 9TH ASWINA, 1943
BAIL APPL. NO. 7445 OF 2021
CRIME NO.1704/2021 OF KUNNAMKULAM POLICE STATION, THRISSUR DISTRICT
AGAINST THE ORDER/JUDGMENT IN CRMC 1396/2021 OF SESSIONS COURT,THRISSUR
PETITIONER/ACCUSED NO.3:
NARFID @ AMBU,
AGED 24 YEARS
S/O.LATHEEF, PATTUKULANGARA HOUSE, PORKULAM VILLAGE, DESOM,
KUNNAMKULAM TALUK, THRISSUR DISRICT-680 503.
BY ADV SAM ISAAC POTHIYIL
RESPONDENTS/COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
KOCHI-682 031.
2 STATION HOUSE OFFICER, KUNNAMKULAM POLICE STATION,
KUNNAMKULAM, THRISSUR DISTRICT, PIN-680 503.
OTHER PRESENT:
PP.C.N PRABHAKARAN.SR GP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01.10.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.No.7445 OF 2021
2
ORDER
Petitioner is the 3rd accused in crime No.1704/2021 of
Kunnamkulam Police Station, Thrissur, which is registered for
the offences punishable under Sections 143, 147, 148, 452, 354,
427 r/w. 149 IPC.
2. It is alleged that on 03.09.2021 at about 4 p.m accused
Nos.1 to 5 formed themselves into an unlawful assembly and in
prosecution of the common object of the assembly committed
rioting armed with deadly weapons and trespassed into the
house No.XVI/43-A of Kadavallur Grama Panchayath of the
defacto complainant and pushed her shoulder and destroyed the
glass of the car bearing reg.No.KL-48-D-2295 which was parked
in the courtyard of the house of the defacto complainant, thereby
the accused committed the offences aforementioned.
3. The petitioner was arrested on 04.09.2021. According
to the learned counsel for the petitioner, all other accused were
granted bail by the Sessions Court, Thrissur and the petitioner
was denied bail because of the reason that he is involved in B.A.No.7445 OF 2021
another crime.
4. The learned Public Prosecutor also reported that the
petitioner is involved in crime No.558/2021 of Kunnamkulam
Police Station, which is registered u/s.341, 323, 269, 270, 283,
34 IPC and 120 (c) K.P. Act. All those offenes are seems to be
bailable.
5. Hence, taking into account the fact that he has been
under confinement from 04.09.2021 onwards and the nature of
the offence alleged to have been committed by the petitioner,
I find just and proper to grant bail to the petitioner on the
following conditions:
(i) Petitioner shall execute bond for a sum of
Rs.30,000/- (Rupees thirty thousand only) with
two solvent sureties for the like sum each to the
satisfaction of the jurisdictional court.
(ii) He shall report before the investigating officer as
and when required.
(iii) He shall not try to contact or influence the
witnesses or tamper the with evidence.
(iv) He shall not involve in any crime during the
period on bail.
B.A.No.7445 OF 2021
If any of the above conditions are violated by the petitioner,
the jurisdictional court will be at liberty to cancel the bail in
accordance with law.
This Bail Application is allowed as above.
Sd/-
M.R.ANITHA
shg JUDGE
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