Kerala High Court
Nandu Prakash vs State Of Kerala on 1 December, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
THURSDAY, THE 1ST DAY OF DECEMBER 2022 / 10TH AGRAHAYANA, 1944
BAIL APPL. NO. 9232 OF 2022
CRIME NO.131/2022 OF Harippad Police Station, Alappuzha
AGAINST THE ORDER/JUDGMENTSC 587/2022 OF ADDITIONAL DISTRICT COURT &
SESSIONS COURT - III, MAVELIKKARA
PETITIONER/ACCUSED NO.3:
TOM.P.THOMAS
AGED 27 YEARS
S/O THOMAS SAMUEL,
PEEDIKAYIL VEEDU, POTHAPPALLY SOUTH MURI,
KUMARAPURAM VILLAGE , PIN - 688561
BY ADVS.
R.REJI
M.V.THAMBAN
THARA THAMBAN
B.BIPIN
ARUN BOSE
SUNEESH KUMAR R.
RESPONDENTS/STATE AND COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM PIN - 682031
2 THE STATION HOUSE OFFICER
HARIPAD POLICE STATION,
HARIPAD (PO), ALAPUZHA DISTRICT
PIN - 690514
BY PP SRI.M.C.ASHI
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01.12.2022,
ALONG WITH Bail Appl..9233/2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
BA Nos.9232 & 9233 of 2022 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
THURSDAY, THE 1ST DAY OF DECEMBER 2022 / 10TH AGRAHAYANA, 1944
BAIL APPL. NO. 9233 OF 2022
CRIME NO.131/2022 OF Harippad Police Station, Alappuzha
AGAINST THE ORDER/JUDGMENTCRMP 1788/2022 OF DISTRICT & SESSIONS
COURT, ALAPPUZHA
Bail Appl. 5675/2022 OF HIGH COURT OF KERALA
PETITIONER/ACCUSED NO.1:
NANDU PRAKASH,AGED 24 YEARS
S/O. PRAKASH,CHETTISSERIL VADAKKETHIL VEEDU,
POTHAPPALLY SOUTH MURI, KUMARAPURAM VILLAGE
ALAPPUZHA DISTRICT, PIN - 690548., PIN - 690548
BY ADVS.
B.RENJITHKUMAR
CLARA SHERIN FRANCIS
RESPONDENT/STATE:
STATE OF KERALA
REP. BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
ERNAKULAM PIN - 682031
BY SR.PUBLIC PROSECUTOR SRI S.SAJJU
DIRECTOR GENERAL OF PROSECUTION(AG-10)
P.NARAYANAN, SENIOR G.P. AND ADDL.PUBLIC PROSECUTOR()
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
01.12.2022, ALONG WITH Bail Appl..9232/2022, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
BA Nos.9232 & 9233 of 2022 3
VIJU ABRAHAM, J.
.................................................................
B.A. Nos.9232 & 9233 of 2022
.................................................................
Dated this the 1st day of December, 2022
ORDER
These are applications for regular bail.
2. Petitioner in B.A.No.9232 of 2022 is the 3 rd accused
whereas petitioner in B.A.No.9233 of 2022 is the 1st accused in Crime
No.131 of 2022 of Harippad Police Station, Alappuzha registered
alleging commission of offences punishable under Sections 143, 147,
148, 120(B), 341, 506(ii), 212, 149, 294(b), 323, 324, 307 and 302 read
with Section 149 of the Indian Penal Code.
3.The prosecution allegation is that, at about 11.30 p.m., on
16.02.2022 the defacto complainant and the deceased were restrained
by 7 persons who threatened and abused the defacto complainant and
the deceased. Thereafter, A1 abused and attacked the defacto
complainant and A2 restrained the deceased and A1 abused and
stabbed him on left side of the stomach. Due to the said injury he fell
down and seeing it the accused persons left the place. The deceased
was taken to Govt. Hospital, Harippad and from there to Medical College
hospital, Vandanam. Due to the injuries sustained he died on 17.2.2022
and thus the accused persons have committed the aforesaid offences.
4. The 1st accused was arrested on 20.02.2022 whereas 3rd
accused was arrested on 17.02.2022 and they are in custody since then.
I have considered the bail applications of the petitioners earlier and
rejected the same taking into consideration their criminal antecedents.
5. Learned Public Prosecutor seriously opposed the
applications for bail mainly contending that serious overt acts are alleged
against the 1st accused whereas allegations against the 3rd accused is
that he has attacked the deceased with a wooden stick. As regards the
criminal antecedents of the petitioners, the learned Public Prosecutor
submitted that the petitioners have serious criminal antecedents.
Learned Public Prosecutor further submitted that the petitioners are
included in the rowdy list of respective Police Stations and that their
acquittal cannot be a reason for grant of bail.
6. Regarding the criminal antecedents of the 1st accused it is
the contention of the learned counsel for the petitioner that out of the
three criminal cases, Crime No.547 of 2016 ended in acquittal as is
evident from Annexure-A3, Crime No.1094 of 2020 though ended in
conviction, as is seen from Annexure-A4 judgment only fine has
imposed and in Crime No.297 of 2019 final report is filed and trial is
going on. As regards the criminal antecedents of the 3rd accused, it is
the contention of the learned counsel for the petitioner that Crime
Nos.197 of 2016, 547 of 2016, 739 of 2014, 448 of 2017 and 1631 of
2019 ended up in acquittal whereas Crime Nos.1862 of 2017 and 297 of
2019 was not contested by the petitioner and he has served sentence in
full as on date.
It is seen that the petitioners/A1 & A3 are in custody from
20.02.2022 and 17.02.2022 respectively and the final report is already
laid. Taking all these aspects in to consideration, I am inclined to grant
bail to the petitioners, but the same shall only be on stringent conditions
taking note of the serious antecedents of the petitioners:
(i) The petitioners shall execute a bond for Rs.50,000/-
(Rupees fifty thousand only) each with two solvent sureties each for the
like sum to the satisfaction of the jurisdictional court.
(ii) They shall appear before the investigating officer in Crime
No.131 of 2022 of Harippad Police Station, Alappuzha on all Saturdays
at 11.00 a.m. for a period of six months.
(iii) They shall not enter the Alappuzha District until further
orders except for complying with condition No.(ii) or to attend any court
proceedings.
(iv) They shall not leave the State of Kerala without getting prior
permission from the jurisdictional court.
(v) They shall not attempt to interfere with the investigation or to
influence any witness in the abovesaid crime.
(vi) They shall not involve in any other crime while on bail.
If any of the aforesaid conditions are violated, the
investigating officer in Crime No.131 of 2022 of Harippad Police Station,
Alappuzha may file an application before the jurisdictional court, for
cancellation of bail.
Sd/-
VIJU ABRAHAM
JUDGE
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