Midhun vs State Of Kerala
2022 Latest Caselaw 6480 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
           THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
  WEDNESDAY, THE 8TH DAY OF JUNE 2022 / 18TH JYAISHTA, 1944
                 BAIL APPL. NO. 4197 OF 2022
 CRIME NO.389/2022 OF Irinjalakuda Police Station, Thrissur
AGAINST THE ORDER/JUDGMENT IN CRMC 583/2022 OF DISTRICT COURT
                  & SESSIONS COURT,THRISSUR
PETITIONER/S:

          MIDHUN
          AGED 25 YEARS
          S/O. MOHANAN,
          CHERUPARAMBIL HOUSE, EAST COMBARA DESOM,
          MANAVALASSERY VILLAGE, THRISSUR
          PIN - 680121
          BY ADVS.LEO LUKOSE
          ENOCH DAVID SIMON JOEL
          S.SREEDEV
          RONY JOSE
          SUZANNE KURIAN
          CIMIL CHERIAN KOTTALIL
          AKSHAY PAVAN

RESPONDENT/S:

          STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR.
          (THROUGH THE INSPECTOR OF POLICE,
          IRINJALAKUDA POLICE STATION, THRISSUR)., PIN -
          682031
          BY PUBLIC PROSECUTOR SRI.M.C.ASHI
    THIS BAIL APPLICATION HAVING COME UP FOR
ADMISSION ON 08.06.2022, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
 B.A. No.4197 of 2022             :2:




                     VIJU ABRAHAM, J.
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                    B.A. No.4197 of 2022
        -- -- -- -- -- -- -- -- -- -- -- -- --
              Dated this the 8th day of June, 2022

                                ORDER

This is an application for regular bail.

2. The petitioner is accused No.2 in Crime No. 389/2022 of

Irinjalakkuda Police Station. The offence alleged against the

petitioner is under Sections 341, 323, 324, 326 and 308 r/w

Section 34 of the Indian Penal Code.

3. The prosecution allegation is that, on 16.04.2022, at 7.00

pm, the accused in the case, who are 6 in number, attacked the

defacto complainant in a road near Velayanad Lakshamveedu

Colony and the accused wrongfully restrained the defacto

complainant. The accused voluntarily caused grievous hurt to the

defacto complainant by beating him with dangerous weapon.

4 .The learned counsel for the petitioner submitted that the

petitioner was arrested on 17.04.2022 and that he is continuing in

custody for 53 days. It is also submitted that the petitioner was

falsely implicated in the case due to animosity between the 1 st

accused and the defacto complainant. The petitioner also moved

an application before the Sessions Court, Thrissur, which was

rejected as per Annexure A2 order.

5. The learned Public Prosecutor seriously opposed the bail

application mainly contending that the petitioner is involved in

several other crimes and that a report has been submitted before

the trial court, including offence punishable under Section 3(2)

(va) of the Scheduled Castes and the Scheduled Tribes

(Prevention of Atrocities) Act, 1989. The learned counsel for the

petitioner submitted that the petitioner also belongs to the

'pulaya' community and to prove the same, he has produced

certificates issued in this regard to his mother and his sister and

submitted that the offence under the said Act is not attracted.

6. Having regard to the facts and circumstances of the case,

considering the nature of the allegations and considering the fact

that the petitioner is in custody for 53 days, I am inclined to grant

bail to the petitioner subject to stringent conditions. In the result,

the bail application is allowed. It is directed that the petitioner

shall be released on bail, subject to the following conditions:

(i) The petitioner shall execute bond for a sum

of Rs.50,000/- (Rupees fifty thousand only) with

two solvent sureties each for the like-sum to the

satisfaction of the jurisdictional court;

(ii) Petitioner shall appear before the

investigating officer in Crime No. 389/2022 of

Irinjalakkuda Police Station, on every Saturday

at 11 am, until filing of final report;

(iii) The petitioner shall not attempt to interfere

with the investigation or to influence or

intimidate the defacto complainant or any

witness in Crime No. 389/2022 of Irinjalakkuda

Police Station;

(iv) The petitioner shall not enter the local limits

of the Irinjalakkuda police station where the

defacto complainant is residing except for the

purpose of complying with condition No.(ii)

above;

(v) The petitioner shall surrender his passport

before the jurisdictional court. If the petitioner

does not have a passport, he shall execute an

affidavit to that effect and file the same before

the said court within seven days of release on

bail;

(vi) The petitioner shall not involve in any other

crime while on bail.

If any of the aforesaid conditions are violated, the

investigating officer in Crime No. 389/2022 of Irinjalakkuda

Police Station may file an application before the jurisdictional

court, for cancellation of bail.

Sd/-

VIJU ABRAHAM JUDGE sm/

APPENDIX OF BAIL APPL. 4197/2022

PETITIONER ANNEXURES Annexure A1 A TRUE COPY OF THE F.I.R. IN CRIME NO:

389/2022 OF IRINJALAKUDA POLICE STATION, THRISSUR Annexure A2 A TRUE COPY OF THE ORDER DATED 17.05.2022 IN CRL.M.C. NO. 583/2022 ON THE FILES OF THE COURT OF THE SESSION JUDGE, THRISSUR