Kerala High Court
Pyari vs State Of Kerala on 3 June, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 3RD DAY OF JUNE 2022 / 13TH JYAISHTA, 1944
BAIL APPL. NO. 3843 OF 2022
AGAINST THE ORDER/JUDGMENT IN CRMP 1100/2021 OF SESSIONS COURT,KOLLAM
IN CRIME NO.945/2018 OF OACHIRA POLICE STATION, KOLLAM DISTRICT
PETITIONER/2ND ACCUSED:
PYARI,
AGED 21 YEARS,
S/O.JAGATHALAPRATHAPAN, MOZHOORTHARAYIL VEEDU, PAIKUZHI
MURI, OACHIRA VILLAGE, KOLLAM DISTRICT , PIN - 690526
BY ADVS.
K.SIJU
S.ABHILASH
ANJANA KANNATH
T.S.SREEKUTTY
RESPONDENTS/STATE:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
2 STATION HOUSE OFFICER,
OACHIRA POLICE STATION,
KOLLAM DISTRICT
PIN - 690526
OTHER PRESENT:
PP - SRI. M.C.ASHI
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
03.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A. No. 3843 of 2022 2
VIJU ABRAHAM, J.
------------------------
B.A. No. 3843 of 2022
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Dated this the 3rd day of June, 2022
ORDER
This is an application for regular bail.
2. Petitioner is the 2nd accused in Crime No.945
of 2018 of Oachira Police Station registered for the
offence alleged under Sections 395, 326, 120B & 427
IPC.
3. The prosecution case is that the accused
persons in furtherance of their criminal conspiracy
to commit decoity against de-facto complainant
Sreenath and his father who were travelling in their
Gipsy Van, on 13.9.2018 at 1.15 pm, on Alappuzha -
Kollam NH road at Changankulangara Junction, they
restrained them and committed mischief by destroying
the wind screen glasses of the Gipsy Van by using
iron rod and beaten them all over their body with an
iron rod and took away Rs.30,000/-. By the said act
and they sustained serious injuries and thereby the
accused are alleged to have committed the above said
offences.
4. The petitioner was arrested on 2.10.2018 and
was enlarged on bail as per the order of the Court
of Session dated 16.11.2018 in Crl.M.C.No.1831 of
2018. Thereafter, the investigating officer has
filed a report before the Sessions Court, Kollam on
21.10.2021 stating that the petitioner had violated
the conditions of the bail and involved in five
other cases during bail. He was also proceeded under
Section 3(1) of the KAAPA. In the said petition
filed by the investigating officer, the Sessions
Court passed Annexure-A1 order whereby the bail
granted to the petitioner in Crime No.945 of 2018
was cancelled. Thereafter, the petitioner is in
custody from 18.3.2022.
5. Learned Public Prosecutor upon instruction
submitted that after he was released on bail in the
present case, on 16.11.2018 he got involved in other
6 cases and that a Rowdy History Sheet was opened
against him as per order No.416/GL/2019/KS dated
30.8.2019.
6. Taking into consideration the fact that he got
involved in other 6 cases after he was granted bail
by the trial court, thereby violated the conditions
of the bail, I am not inclined to grant bail to the
petitioner at present.
Accordingly, the bail application is dismissed.
sd/-
VIJU ABRAHAM,
JUDGE
pm
APPENDIX OF BAIL APPL. 3843/2022
PETITIONER'S ANNEXURE:
Annexure1 THE CERTIFIED COPY OF ORDER DATED
18.3.2022 IN CRL.M.P NO.1100/2021 IN
CRIME NO.945/2018 OF OACHIRA POLICE
STATION
