Kerala High Court
Maneesh vs State Of Kerala on 17 January, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
MONDAY, THE 17TH DAY OF JANUARY 2022 / 27TH POUSHA, 1943
BAIL APPL. NO. 365 OF 2022
AGAINST THE ORDER IN CMP 1/2022 OF JUDICIAL MAGISTRATE OF FIRST
CLASS -II(MOBILE),ALAPPUZHA
CRIME NO.621/2021 OF MANNANCHERY POLICE STATION
PETITIONER/ACCUSED NOS.13, 14 AND 17:
1 MANEESH
AGED 33 YEARS
S/O.MOHAN DAS, MADATHILCHIRA VEEDU, CHERTHALA SOUTH
VILLAGE, CHERTHALA SOUTH PANCHAYATH WARD -13.
2 SANALKUMAR
AGED 39 YEARS
S/O.PRAKASAN, THATTACHIRAYIL VEEDU, ARTHUNKAL P.O.,
CHERTHALA SOUTH PANCHAYATH WARD-15.
3 ANEESH
AGED 39 YEARS
S/O.KESAVAN, KURUNGADATHUVALAPPIL VEEDU, KALADY P.O.,
KALADY P/W-13, PONNANI TALUK, MALAPPURAM DISTRICT.
BY ADVS.
P.VIJAYA BHANU (SR.)
P.M.RAFIQ
SRUTHY N. BHAT
M.REVIKRISHNAN
AJEESH K.SASI
MITHA SUDHINDRAN
RESPONDENT/Complainant:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM - 682 031.
SRI. SAJJU .S. (SR.PP)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
17.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 365 OF 2022 2
ORDER
This is an application for regular bail.
2. Petitioners in this bail application are stated to be
accused Nos.9, 10 and 17 in Crime No.621/2021 of
Mannanchery police station, Alappuzha district, alleging
commission of offences under Sections 143, 147, 148, 324,
302, 212, 120(B) r/w. Section 149 of the Indian Penal Code.
3. Learned Public Prosecutor submits that the array
of accused has been rearranged and the petitioners are now
accused Nos.13, 14 and 17 respectively.
4. Crime No.621/2021 of Mannanchery police station
came to be registered on account of the murder of one Shan,
who is stated to be a worker of a political organization known
as 'SDPI'. The murder of the aforesaid Shan is alleged to
have been carried out by accused Nos.2 to 6. In so far as the
1st petitioner (accused No.13) is concerned, the allegation
against him is that when accused Nos.2 to 6 reached the
place near Pullankulam near Areeparampu in a car, the 1 st
petitioner/13th accused, reached there in a motor cycle and
guided the 2nd accused who was the driver of the car to
Kanichukulangara and after abandoning the car there, he
picked up the 2nd accused on his motor cycle and returned to
Pullukulam . It is also alleged that he arranged food for
accused Nos.2 to 6 and thereafter, on 19.12.2021, accused
Nos.2 to 6 escaped from that place in an ambulance.
Allegation against the 2nd petitioner (accused No.14) is that,
he contacted one of the main accused in the case through
phone and he waited at a place called Areeparambu and
guided the accused to Pullukulam and facilitated harbouring
of the 1st accused at that place. Allegation against the 3 rd
petitioner (accused No.17) is that, he arranged shelter for two
of the main supporters of the crime and allowed them to stay
in Aluva from 19.12.2021 to 21.12.2021 and also helped one
of the main accused to contact others by allowing the use of
his mobile hot spot.
5. Sri. P Vijaya Bhanu, the learned Senior counsel
appearing on the instructions of Ms. Sruthi N. Bhat, learned
counsel appearing for the petitioners, would submit that the
only offence alleged against the petitioners is that under
Section 212 of the Indian Penal Code, which is a bailable
offence. He refers to the fact that in respect of one other
accused in this case, this Court had through order dated
13.01.2022 in Bail application No.144 of 2022 granted bail on
the ground that the petitioners in that application were also
persons against whom the only allegation is that of an offence
under Section 212 of the Indian Penal Code. It is also
submitted that going by the judgment of the Hon'ble Supreme
Court in Rasiklal V. Kishore [2009(4) SCC 446] persons
accused of bailable offences have a right to be released on
bail and they cannot be detained in custody, if they are ready
to offer bail.
6. I have heard the learned Public Prosecutor also.
Learned Public Prosecutor would reiterate the arguments
raised before me while I considered Bail Application
No.144/2022.
7. After considering the fact that the petitioners in
Bail Application No.144/2022 were accused only of bailable
offences, taking note of the submissions of the learned Public
Prosecutor, I had imposed certain conditions while granting
bail. Though the learned Senior counsel is quick to point out
that conditions are normally not imposed while granting bail
in respect of bailable offences, considering the peculiar facts
of the present case, I am inclined to impose the same
conditions that I imposed while granting bail to the
petitioners in Bail Application No.144/2022. Accordingly, this
application for bail is allowed and it is directed that the
petitioner shall be released on bail subject to the following
conditions:-
(1) Petitioners shall execute bonds for sums of
Rs.50,000/- (Rupees Fifty Thousand) each with two solvent
sureties each for the like sum to the satisfaction of the
Jurisdictional Court;
(2) Petitioners shall report before the investigating
officer in Crime No.621 of 2021 of Mannanchery Police
Station, Alappuzha District, as and when called upon to do so;
(3) Petitioners shall not enter the Alappuzha District,
except for the purpose of complying with any instruction
issued by the investigating officer in Crime No.621 of 2021 of
Mannanchery Police Station, Alappuzha District;
(4) Petitioners shall not attempt to or to influence or
intimidate any witness in Crime No.621 of 2021 of
Mannanchery Police Station, Alappuzha District;
(5) Petitioners shall surrender their passport before the
Jurisdictional Magistrate. If they or anyone among them do
not have a passport an affidavit shall be executed to that
effect and filed before the said court within seven days of
release on bail;
(6) Petitioners shall not involve in any other crime while
on bail.
If any of the aforesaid conditions are violated, the
investigating officer in Crime No.621 of 2021 of Mannanchery
Police Station, Alappuzha District, may file an application
before the Jurisdictional Court for cancellation of bail
sd/-
GOPINATH P.
JUDGE
ajt
