P.B.Satheesh vs State Of Kerala
2021 Latest Caselaw 19566 Ker

Citation : 2021 Latest Caselaw 19566 Ker
Judgement Date : 17 September, 2021

Kerala High Court

P.B.Satheesh vs State Of Kerala on 17 September, 2021

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                THE HONOURABLE MRS. JUSTICE SHIRCY V.
    FRIDAY, THE 17TH DAY OF SEPTEMBER 2021 / 26TH BHADRA, 1943
                      BAIL APPL. NO. 6383 OF 2021
        CRIME NO.641/2021 OF Mannuthy Police Station, Thrissur
AGAINST THE ORDER/JUDGMENT IN CRL.MC 1153/2021 OF DISTRICT COURT &
                       SESSIONS COURT, THRISSUR


PETITIONERS/PETITIONERS/ACCUSED :-

    1       P.B.SATHEESH
            AGED 43 YEARS
            S/O.BALAN, PARAMEL HOUSE,
            MULLAKKARA DESOM, MULAYAM ROAD,
            OLLUKKARA VILLAGE, THRISSUR - 680 651.

    2       P.B.MOHANAN
            AGED 62 YEARS
            S/O.BALAN, PARAMEL HOUSE,
            MULLAKKARA DESOM, MULAYAM ROAD,
            KARINJIDAM, OLLUKKARA VILLAGE, THRISSUR - 680 651.

    3       ROBIN T.S.
            AGED 39 YEARS
            S/O.SUNNY, THEKKARA HOUSE,
            MULLAKKARA DESOM, MULAYAM ROAD,
            OLLUKKARA VILLAGE, THRISSUR - 680 651.

            BY ADV K.B.GANGESH


RESPONDENT/STATE :-

            STATE OF KERALA
            REP. BY THE PUBLIC PROSECUTOR,
            HIGH COURT OF KERALA, ERNAKULAM - 682 031.
            (SUB INSPECTOR OF POLICE, MANNUTHY POLICE STATION).

            SRI.MANU P.G, SR.PUBLIC PROSECUTOR


     THIS   BAIL   APPLICATION   HAVING    COME   UP   FOR   ADMISSION   ON
17.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NO. 6383 OF 2021
                                        2



                                   ORDER

Application for regular bail.

in Crime No.641 of 2021 of Mannuthy Police

Station, Thrissur District registered for the

offences punishable under Sections 452, 341, 323,

324, 326 and 294(b) r/w Section 34 of the Indian

Penal Code, have moved this application for bail

under Section 439 of the Code of Criminal

Procedure.

3. The prosecution allegation is that on

02.07.2021 at about 10 pm, the accused due to

their enmity towards the defacto complainant

trespassed into the residential house of his

brother and sprayed chilli powder on the face of

the defacto complainant and beaten him with an

iron rod causing severe injuries. The third

accused dragged him to the courtyard and stabbed

on his chest and attacked with an iron rod and

thereby caused severe injuries including fracture. BAIL APPL. NO. 6383 OF 2021

Thus, they have committed the aforesaid offences.

4. The petitioners have been in custody since

25.07.2021.

5. Heard the learned counsel for the

petitioners as well the learned Public Prosecutor.

6. The learned counsel for the petitioners

would submit that they have been falsely implicated

in the case, due to the enmity of the defacto

complainant towards the accused Nos.1 and

2/petitioners 1 and 2. In fact, they have not

committed any offence as alleged by the

prosecution. But they are undergoing incarceration

for the last two months.

7. The learned Public Prosecutor has refuted

the above said arguments contending that the

defacto complainant has sustained very serious

injuries in the attack by the petitioners. In fact,

they have trespassed into the residential house of

his brother with deadly weapons and caused injuries

to him. Though his brother has also sustained

injuries, those injuries are minor in nature. Now BAIL APPL. NO. 6383 OF 2021

the investigation of the case is well in progress.

8. The learned Public Prosecutor produced the

wound certificate of the defacto complainant and

the other injured and the same would indicate that

the defacto complainant had sustained very serious

injuries. But now he has been discharged from the

hospital and the other injured who is his brother

had sustained only minor injury.

9. It is also revealed from the records that

the investigation of the case has progressed

considerably. The report submitted by the learned

Public Prosecutor could reveal that the first

accused is involved in four other crimes and the

third accused is involved in seven other crimes

registered before the very same police station. But

the second accused is having no criminal

antecedence. Though accused Nos.1 and 3 are having

criminal antecedents, most of the offences are

under Sections 323 and 341 of the IPC and Abkari

offences. Now the investigation of the case has

progressed considerably and recovery of the BAIL APPL. NO. 6383 OF 2021

material objects involved in the case had been

effected by the investigating officer. Therefore,

further detention of these petitioners are not

required for the investigating agency to complete

the investigation of the case. Hence, I am inclined

to enlarge them on bail subject to the following

conditions :-

(i) The petitioners shall be released on bail on 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 appear before the investigating officer on every Saturdays between 10 am and 11.30 am for a period of three months or till filing of the final report, whichever is earlier.

(iii) The petitioners 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.