Kerala High Court
Mukesh Kanakaraj vs State Of Kerala on 13 April, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
THURSDAY, THE 13TH DAY OF APRIL 2023 / 23RD CHAITHRA, 1945
BAIL APPL. NO. 2867 OF 2023
AGAINST THE ORDER/JUDGMENT IN CRL.MC 293/2023 OF DISTRICT
COURT & SESSIONS COURT,THODUPUZHA
(CRIME NO. 182/2023 OF WAGAMON POLICE STATION)
PETITIONERS/ ACCUSED 1 TO 5:
1 MUKESH KANAKARAJ
AGED 41 YEARS, S/O KANAKARAJ,
BHAGYABHAVAN NARAKAKUZHY KARA,
WAGAMON VILLAGE,
IDUKKI DISTRICT, PIN - 685503
2 SAM RAJ
AGED 42 YEARS, S/O CHELLADURI,
SHOBHA BHAVAN, NARAKAKUZHY,
KOTTAMALA KARA, WAGAMON VILLAGE,
IDUKKI DISTRICT, PIN - 685503
3 RENJITH L
AGED 27 YEARS, S/O LORANCE,
PUNNAMUDI, PARAKKETTU KARA,
WAGAMON VILLAGE,
IDUKKI DISTRICT, PIN - 685503
4 SANIL KUMAR V.S
AGED 27 YEARS, S/O SUNNY V.K,
VADAKKEKARAYIL, NARAGAKKUZHI,
KOTTAMALA KARA, WAGAMON VILLAGE,
IDUKKI DISTRICT, PIN - 685503
5 BIBIN P
AGED 26 YEARS, S/O U PUSAIDURAY,
PULLIKKANAM PUTHUKKADU,
PULLIKKANAM KARA, WAGAMON VILLAGE,
IDUKKI DISTRICT, PIN - 685503
BY ADVS.
P.T.SHEEJISH
PARVATHY S. KRISHNAN
STEPHY GRACE RAJ
A.ABDUL RAHMAN (A-1917)
HARIKIRAN
ANJU SREEDHAR
SREELAKSHMI C.H.
DAVIS PIUS
B.A. No. 2867/2023
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RESPONDENTS/ STATE:
1 STATE OF KERALA
REPRESENTED PUBLIC PROCECUTOR,
HIGH COURT OF KERALA,
KOCHIN, PIN - 682031
2 STATION HOUSE OFFICER
WAGAMON POLICE STATION,
WAGAMON PO, IDUKKI DISTRICT, PIN - 685503
BY
ADV M P PRASANTH -PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 13.04.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A. No. 2867/2023
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ORDER
Dated this the 13th day of April, 2023
This application is filed u/s 438 of the Code of Criminal
Procedure seeking pre-arrest bail.
2. The applicants are the accused Nos.1 to 5 in Crime
No.182/2023 of Wagamon Police Station. The offences alleged
are punishable under Sections 143, 144, 147, 294(b), 506(i),
323, 354, 354B r/w 149 of the Indian Penal Code.
3. The prosecution case, in short, is that the applicants
on 20/03/2023 at about 6.30 PM formed an unlawful assembly
and in prosecution of the common object, assaulted the
defacto complainant, his mother, wife and son and further
outraged the modesty of the wife of the defacto complainant
by disrobing her nighty and thereby committed the offence.
4. I have heard Sri.P.T.Sreejish, the learned counsel
for the applicants and Sri.M.P.Prasanth, the learned Public
Prosecutor. Perused the case diary.
5. The learned counsel for the applicants submitted
that the applicants are innocent and have been falsely
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implicated in the present case. The counsel further submitted
that no materials are on record to connect the applicants with
the alleged crime; hence, they are entitled to get bail. The
learned Public Prosecutor, on the other hand, submitted that
the alleged incident occurred as a part of the intentional
criminal acts of the applicants, and if they are released on bail
at this stage, it will affect the course of the investigation.
6. I went through the FIS. The only non-bailable
offence alleged is under Section 354 of the IPC. It is seen from
the F.I. Statement that on account of certain previous
animosity, the applicants assaulted the defacto complainant.
During the scuffle, his wife, son and mother intervened and
they assaulted them also. It is also alleged that during the said
scuffle, the applicants pulled the nighty of the wife of the
defacto complainant. There is nothing to suggest that the said
act was done by the applicants with the intent to outrage her
modesty. The investigation has reached a fair stage. The
applicants have no criminal antecedents. Considering the
allegations levelled against the applicants, their custodial
interrogation does not appear to be necessary. For these
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reasons, it is a fit case where pre-arrest bail can be granted to
the applicants.
In the result, the application is allowed on the following
conditions:-
(i) The applicants shall be released on bail in the event
of their arrest on executing a bond for Rs.1,00,000/- (Rupees
One lakh only) each with two solvent sureties for the like sum
each to the satisfaction of the arresting officer/investigating
officer, as the case may be.
(ii) The applicants shall fully cooperate with the
investigation, including subjecting themselves to the deemed
police custody for discovery, if any, as and when demanded.
(iii) The applicants shall appear before the investigating
officer between 10.00 a.m. and 11.00 a.m. every Saturday
until further orders. They shall also appear before the
investigating officer as and when required.
(iv) The applicants shall not commit any offence of a like
nature while on bail.
(v) The applicants shall not attempt to contact any of
the prosecution witnesses, directly or through any other
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person, or in any other way try to tamper with the evidence or
influence any witnesses or other persons related to the
investigation.
(vi) The applicants shall not leave the State of Kerala
without the permission of the trial Court.
(vii) The application, if any, for deletion/modification of
bail conditions or cancellation of bail on the grounds of
violating the bail conditions shall be filed at the jurisdictional
court.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
APA
B.A. No. 2867/2023
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APPENDIX OF BAIL APPL. 2867/2023
PETITIONER'S ANNEXURES
Annexure A1 TRUE COPY OF THE TREATMENT RECORD OF THE
1ST PETITIONER
Annexure A2 TRUE COPY OF THE PHOTOGRAPHS THAT SHOWS THE
ASSAULT WOUND INFLICTED BY THE DEFACTO
COMPLAINANT AND HIS FRIENDS UPON THE
PETITIONERS
Annexure A3 TRUE COPY OF THE POLICE COMPLAINT FILED BY
THE PETITIONERS BEFORE THE DISTRICT POLICE
CHIEF DATED 29/3/2023
Annexure A4 TRUE COPY OF THE ORDER OF CRL.M.C. 293 OF
2023 OF HONOURABLE SESSIONS COURT,
THODUPUZHA DATED ON 31.03.2023
