Kerala High Court
Ashik vs State Of Kerala on 16 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHIRCY V.
THURSDAY, THE 16TH DAY OF SEPTEMBER 2021 / 25TH BHADRA, 1943
BAIL APPL. NO. 6992 OF 2021
AGAINST THE ORDER/JUDGMENT IN CRMC 1823/2021 OF II SESSIONS COURT,
ERNAKULAM
PETITIONERS/ACCUSED NOS.2 & 3:
1 ASHIK
AGED 29 YEARS
S/O.MANOHARAN, VALIYOLI HOUSE, KIDANGOOR,
THURAVOOR VILLAGE, ALUVA TALUK, ERNAKULAM DISTRICT,
PIN 683 572
2 DIPIN
AGED 28 YEARS
S/O.YACOB, MANGALATH HOUSE, MOOKKANNOOR P.O.,
MOOKKANOOR VILLAGE, ALUVA TALUK, ERNAKULAM DISTRICT,
PIN 683 577
BY ADVS.
P.MOHAMED SABAH
V.Y.EBIN
RESPONDENTS/COMPLAINANT:
1 STATE OF KERALA
REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM 682 031
2 THE STATION HOUSE OFFICER
ANGAMALY POLICE STATION, ERNAKULAM DISTRICT,
PIN 683 101
SREEJA.V -SR.P.P
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
16.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 6992 OF 2021
2
ORDER
Application for regular bail.
Petitioners are accused Nos.2 and 3 in Crime No.1093/2021 of
Angamaly Police Station registered for the offences punishable
under Sections 341, 323, 324, 294(b), 506, 308 and 34 of the
Indian Penal Code. These petitioners are under going incarceration
since 21.07.2021 and hence this application under Section 439 of
the Code of Criminal Procedure for their release on bail.
2. The brief facts of the case is as follows:-
On 20.07.2021, at about 5.30 p.m, these petitioners
along with the 1st accused had wrongfully restrained the defacto
complainant due to their enmity towards him and the 1 st accused
had stabbed him with the intention to cause his death. But some
how or other the defacto complainant evaded the same and it
caused a minor injury on his right hand. Had it been otherwise it
would have caused his death.
3. The learned Public Prosecutor on instructions submits
that the investigation of the case is over and charge sheet has been
submitted before the jurisdictional court on 06.09.2021.
4. The learned counsel for the petitioners submitted that
BAIL APPL. NO. 6992 OF 2021
though both these petitioners are involved in some criminal cases,
in this case they have not committed any offence as alleged by the
prosecution. In fact, the defacto complainant sustained only a
minor injury in a scuffle which took place between the 1 st accused
and the defacto complainant, but the 1st accused had already been
released on bail and now these petitioners are in custody.
5. Now the investigation is over and final report has been
filed. Though petitioners are having criminal antecedents, as they
are not having any active participation in committing the alleged
offences, I find that they are entitled to be enlarged on bail subject
to the following conditions:-
(i) The petitioners shall be released on bail on their
executing a bond for a sum of Rs.1,00,000/- (Rupees
one lakh only) each with two solvent sureties for the
like sum each to the satisfaction of the court having
jurisdiction.
(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.
BAIL APPL. NO. 6992 OF 2021
(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
