Prajeesh vs State Of Kerala
2022 Latest Caselaw 5700 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
      THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  FRIDAY, THE 27TH DAY OF MAY 2022 / 6TH JYAISHTA, 1944
                 BAIL APPL. NO. 3761 OF 2022
  CRIME NO.334/2022 OF Alathur Police Station, Palakkad
  AGAINST THE ORDER/JUDGMENT IN Bail Appl. 3352/2022 OF
                    HIGH COURT OF KERALA
PETITIONER/S:

         PRAJEESH, AGED 20 YEARS
         ODUVINKADU HOUSE, PULLODE P.O,
         ERIMAYUR I VILLAGE, PALAKKAD DISTRICT, PIN -
         678545
         BY ADVS.
         K.R.ARUN KRISHNAN
         P.S.ANISHAD
         SANJANA RACHEL JOSE
         REGHU SREEDHARAN
         P.K.VARGHESE
         M.T.SAMEER


RESPONDENT/S:

         STATE OF KERALA
         REPRESENTED BY PUBLIC PROSECUTOR,
         HIGH COURT OF KERALA, PIN - 682031
         BY ADV PUBLIC PROSECUTOR
OTHER PRESENT:

         SMT.VIDYA KURIAKOSE, P.P


     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 27.05.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                                    -2-
BA No.3761 of 2022



                         P.V.KUNHIKRISHNAN, J.
                          ======================================================

                                B.A.No. 3761 of 2022
                       =============================================================

                     Dated this the 27th day of May, 2022

                                            ORDER

The petitioner is the 1st accused in Crime No.334 of 2022

of Alathur Police Station. Above case is registered alleging

offences punishable under Sections 323 and 308 read with 34

IPC.

2. The prosecution case is that on 18.04.2022, at 5.15

pm, the de facto complainant and his friends were watching the

festival at Kurumba Bhagavathi temple, Pullode. Due to

previous vengeance, the accused 1 and 2 in furtherance of their

common intention, voluntarily caused hurt to the de facto

complainant and his fiend by beating them using hands. It is

alleged that accused No.1 with the intention to commit culpable

homicide, stabbed on the chest and the back of Renjith using

knife and thereby the accused committed the offence.

BA No.3761 of 2022

3. Heard the counsel for the petitioner and the Public

Prosecutor.

4. The counsel for the petitioner submitted that the

petitioner is in custody from 22.04.2022. This Court rejected

the bail application of the petitioner as per order dated

06.05.2022 in BA No.3352 of 2022 and now the petitioner is in

custody for more than one month. The counsel submitted that

the petitioner is ready to abide any conditions, if this Court

grant him bail.

5. The learned Public Prosecutor seriously opposed the

bail application. The Public Prosecutor made available the

medical records, which shows that the injured sustained serious

injuries. The Public Prosecutor submitted that this Court may

not release the petitioner on bail at this stage.

BA No.3761 of 2022

6. This Court considered the contentions of the

petitioner and the Public Prosecutor. It is true that the

allegation against the petitioner is very serious. It is also true

that the victim sustained serious injuries. But indefinite

incarceration of the petitioner may not be necessary in the facts

and circumstances off the case. But there can be a direction to

the petitioner not to enter the jurisdictional limit of the Alathur

Police Station, till the final report is filed in Crime No.334 of

2022. The petitioner will give the address and phone number

about the place where he is going to reside before release to the

jurisdictional Court and to the Investigating Officer. With the

above conditions, this bail application can be allowed.

Therefore, the bail application of allowed in the following

manner:

1. The petitioner shall be released on bail on executing a bond for Rs.50,000/- (Rupees fifty

BA No.3761 of 2022

thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court.

2. The petitioner shall not enter the jurisdictional limits of Alathur Police Station till final report is filed in Crime No.334 of 2022. The petitioner shall furnish the phone number and the details of the place where he will reside during the above period to the jurisdictional Court and to the investigating officer.

3. The petitioner shall not leave India without permission of the jurisdictional Court.

4. The petitioner shall not commit any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

5. If any of the above conditions are violated by the petitioner, the jurisdictional Court can cancel the bail in accordance to law, even though the bail is granted by this Court. The prosecution and the

BA No.3761 of 2022

victim are at liberty to approach the jurisdictional Court to cancel the bail, if there is any violation of the above conditions.

sd/-

P.V.KUNHIKRISHNAN JUDGE das

BA No.3761 of 2022

APPENDIX OF BAIL APPL. 3761/2022

PETITIONER ANNEXURES Annexure1 A TRUE COPY OF THE FIR IN CRIME NO.334 OF 2022 DATED 19.04.2022 ALATHUR POLICE STATION, PALAKKAD DISTRICT Annexure2 A TRUE COPY OF THE ORDER DATED 22.04.2022 PASSED BY JUDICIAL FIRST CLASS MAGISTRATE COURT - I, ALATHUR IN CRL.M P NO.853/2022 Annexure3 A TRUE COPY OF THE ORDER DATED 06.05.2022 PASSED BY THIS HON'BLE COURT IN BAIL APPLICATION NO.3352/2022