Shijin Mangalassery vs State Of Kerala
2023 Latest Caselaw 9327 Ker

B.A.No.7309/23                              1

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
           THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
    FRIDAY, THE 25TH DAY OF AUGUST 2023 / 3RD BHADRA, 1945
                        BAIL APPL. NO. 7309 OF 2023
      AGAINST THE ORDER/JUDGMENT CC 1003/2023 OF JUDICIAL
                 MAGISTRATE OF FIRST CLASS -II, KANNUR
PETITIONER:

            SHIJIN MANGALASSERY,
            AGED 37 YEARS,
            S/O.SUDHAKARAN, KOUSTHUBHAM, PALLIKKUNNU, KANNUR,
            CHALAD-670 014, PRESENTLY RESIDING AT MANGALASERY
            HOUSE, VALIYANNUR, MUNDERIMOTTA ROAD, NEAR
            RAGHAVAN MASTER PEEDIKA, VALIYANNUR, VARAM,
            KANNUR, PIN - 670 594

            BY ADVS.
            C.BHASKARAN
            ARJUN C BHASKAR
            ASADU AHMMED CHULLINTE
            MEHNA IBRAHIM



RESPONDENT

            STATE OF KERALA,
            REPRESENTED BY PUBLIC PROSECUTOR,
            HIGH COURT OF KERALA, PIN - 682 031.

            SMT.S.SEETHA-SR.PUBLIC PROSECUTOR


      THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
25.08.2023,       THE    COURT   ON   THE       SAME   DAY   DELIVERED   THE
FOLLOWING:
 B.A.No.7309/23                      2

                           ORDER

This is an application filed u/s 439 of the Code of Criminal

Procedure seeking regular bail.

2. Petitioner is the accused in Crime No.140 of 2023 of

Kannur City Police Station. Offences alleged against the

petitioner are under Sections 332, 341, 294(b) read with Section

34 of the Indian Penal Code.

3. The prosecution case is that, on 16.07.2007 at 5.20

PM, the petitioner along with other accused persons, in

furtherance of their common intention, wrongfully restrained the

de facto complainant, who was the Head Constable attached to

Kannur City Police Station and assaulted him by beating on his

face with hand and abusing him in filthy language. The crime

was registered in such circumstances. Earlier the petitioner was

arrested and released on bail. Later, he absconded and

accordingly the case was included in long pending register.

Recently, the petitioner was arrested on 09.07.2023 and since

then he has been under judicial detention. This application for

regular bail is submitted in such circumstances.

4. Heard Sri.Asadu Ahmmed Chullinte, learned counsel

for the petitioner and Smt.Seetha S., learned Public Prosecutor

for the State.

5. I have gone through the records. It is seen that the

petitioner had absconded on two occasions. The learned Public

Prosecutor pointed out that the trial of the other accused was

completed and they were convicted as well. However, when

considering the fact that the petitioner has been under judicial

detention since 09.08.2023 and also taking into account the

nature of allegations against him, I do not find any necessity of

further detention of the petitioner. Petitioner can be released on

bail with stringent conditions to ensure his cooperation with the

trial.

6. In the result, the application is allowed on the

following conditions:-

(i) The petitioner shall be released on bail on executing a bond for Rs. 1,00,000/- (Rupees One lakh only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court.

(ii) The petitioner shall fully cooperate with the investigation.

(iii) The petitioner shall appear before the investigating officer between 10.00 a.m and 11.00 a.m on every Thursday until the filing of final report.

(iv) The petitioner shall also appear before the investigating officer as and when required.

(v) The petitioner shall not commit any offence of similar nature while on bail.

(vi) The petitioner shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(vii) The petitioner shall not leave India without the permission of the trial Court.

In case of violation of any of the above conditions, the

jurisdictional Court shall be empowered to consider the

application for cancellation of bail, if any, and pass appropriate

orders in accordance with the law.

Sd/-

ZIYAD RAHMAN A.A.

JUDGE DG/25.8.23

APPENDIX OF BAIL APPL. 7309/2023

PETITIONER ANNEXURES

Annexure A1 CERTIFIED COPY OF THE ORDER OF THE JUDICIAL FIRST CLASS MAGISTRATE-II KANNUR IN CMP 2703/2023 IN CC 1003/2023 IN CRIME NO : 140/2007 OF KANNUR POLICE STATION

Annexure A2 THE COPY OF THE AADHAAR CARD