Kerala High Court
Aneesh vs State Of Kerala on 17 May, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
TUESDAY, THE 17TH DAY OF MAY 2022 / 27TH VAISAKHA, 1944
BAIL APPL. NO. 3507 OF 2022
AGAINST THE ORDER/JUDGMENT IN CMP 947/2022 OF JUDICIAL MAGISTRATE OF
FIRST CLASS -I,ATTINGAL
CRIME NO.404/2022 OF ATTINGAL POLICE STATION
PETITIONER/A4:
ANEESH, AGED 30 YEARS, S/O.RAMACHANDRAN,
ANCHU NIVAS, KARICHIYIL,
CHITTATTINKARA DESOM,
ATTINGAL VILLAGE, ATTINGAL,
PIN - 682312
BY ADVS.
S.KRISHNALAL
P.P.BLESSY MOL
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
OTHER PRESENT:
SRI V S SREEJITH,PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
17.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.No.3507 of 2022
2
C.JAYACHANDRAN, J
--------------------------------
B.A.No.3507 of 2022
-------------------------------
Dated this the 17th day of May, 2022
O R D E R
In the instant application for regular bail,
the petitioner is the 4th accused in Crime No.404/2022
of Attingal Police Station. The offences alleged are
under Sections 294(b), 323, 324, 326 and 308, read
with Section 34 of the Indian Penal Code.
2. The prosecution would allege that due to
their previous animosity, accused Nos.1 to 4 have
attacked the defacto complainant on 16.04.2022 at
7.30 pm. The 1st accused assaulted on his nose with a
stone. Accused Nos.2 to 4 pushed him into a canal and
inflicted injury on his index finger and wrist. The
accused persons have thus committed the offences
enumerated above according to the prosecution.
3. Heard the learned counsel for the
petitioner and the learned Public Prosecutor. Perused
the records. This application was opposed by the
B.A.No.3507 of 2022
learned Public Prosecutor.
4. Having heard the learned counsel appearing
on both sides, this Court is inclined to allow this
bail application. The petitioner has been in judicial
custody for the past one month, he having been
arrested on 16.04.2022. The overt act alleged against
the petitioner/4th accused is not as serious as the
one alleged against the 1st accused. Besides, the
learned Public Prosecutor would confirm, upon
instructions, that the petitioner has no criminal
antecedents, whatsoever. In the circumstances, this
Court is of the view that further incarceration of
the petitioner would serve no useful purpose.
5. Resultantly, this Bail Application is
allowed and the petitioner/4th accused is directed to
be released on bail on execution of a bond for
Rs.50,000/- (Rupees Fifty Thousand only) with two
solvent sureties, each for the like amount to the
satisfaction of the trial court, subject to the
following conditions:
(i) He shall appear before the
B.A.No.3507 of 2022
investigating officer on every Saturday
between 10 am and 11 am for a period of
two weeks and thereafter, once in a
month for a period of two months and
thereafter, as and when required by the
investigating officer.
(ii) He shall not attempt to
influence or intimidate the witnesses
or tamper with evidence.
(iii) He shall not indulge
himself in any other offence while on
bail.
(iv) He shall not leave India,
except with prior permission of the
trial court.
In case of breach of any of the bail conditions,
the prosecution shall be at liberty to approach the
trial court for cancellation of bail.
Sd/-
C.JAYACHANDRAN,
JUDGE
NP/jg
B.A.No.3507 of 2022
APPENDIX OF BAIL APPL. 3507/2022
PETITIONER ANNEXURES
Annexure 1 THE CERTIFIED COPY OF THE ORDER IN
C.M.P.NO. 947/2022 OF THE JUDICIAL FIRST
CLASS MAGISTRATE COURT-I,ATTINGAL
