Kerala High Court
Balasubramanya vs State Of Kerala on 12 January, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
THURSDAY, THE 12TH DAY OF JANUARY 2023 / 22ND POUSHA, 1944
BAIL APPL. NO. 260 OF 2023
CRIME NO.963/2022 OF Badiadkka Police Station, Kasargod
AGAINST THE ORDER/JUDGMENT IN CMP 6/2023 OF JUDICIAL
MAGISTRATE OF FIRST CLASS -II, KASARAGOD
PETITIONER/ACCUSED:
1 BALASUBRAMANYA
AGED 25 YEARS
SON OF KORAGAPPA NAIK,
RESIDING AT HOSAGADDEMOOLE HOUSE,
SHENI VILLAGE AND POST, MANJESHWAR TALUK,
KASARAGOD DISTRICT., PIN - 671552
2 AVINASH. B.K.
AGED 25 YEARS
SON OF NARAYANAN, RESIDING AT BADOORPADY HOUSE,
BADOOR VILLAGE AND POST
MANJESHWARAM TALUK, KASARAGOD DISTRICT., PIN -
671321
BY ADVS.
I.V.PRAMOD
SAIRA SOURAJ P.
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
BY ADV PUBLIC PROSECUTOR SMT. NIMA JACOB
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
12.01.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A. No.260 of 2023 :2:
VIJU ABRAHAM, J.
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B.A. No.260 of 2023
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Dated this the 12th day of January, 2023
ORDER
This is an application for regular bail.
2. The petitioners are accused Nos. 2 and 3 in Crime
No.963/2022 of Badiadkka Police Station, Kasaragod District,
alleging commission of offences punishable under Sections 341,
324, 294(b), 506(ii) and 308 r/w Section 34 of the Indian Penal
Code.
3. The prosecution allegation is that, the defacto complainant
and his friend were assaulted by the petitioners and another. The
1st accused uttered obscene words and attacked the friend of the
defacto complainant with a knife. The petitioners threatened the 1 st
informant and thus committed the aforesaid offences.
4. The learned counsel for the petitioners submitted that they
have been falsely implicated in the above said crime and that no
serious overtacts are alleged against them. It is also submitted
that the petitioners were arrested on 28.12.2022 and that they are
in custody since then. It is further submitted that the petitioners
have no other criminal antecedents.
5. The learned Public Prosecutor upon instructions submitted
that serious overtacts are alleged against the 1 st accused and the
defacto complainant sustained serious injuries in the alleged
incident. The allegation against the petitioners is that they were
along with the 1st accused and that they threatened the defacto
complainant. It is further submitted that the petitioners have no
other criminal antecedents.
6. Having regard to the facts and circumstances of the case,
considering the nature of the allegations and considering the fact
that the petitioners are in custody from 28.12.2022 onwards and
that they have no other criminal antecedents, I am inclined to grant
bail to the petitioners subject to stringent conditions. In the result,
the bail application is allowed. It is directed that the petitioners
shall be released on bail, subject to the following conditions:
(i) The petitioners shall execute a bond for a
sum of Rs.50,000/- (Rupees fifty thousand
only)each with two solvent sureties each for
the like-sum to the satisfaction of the
jurisdictional court;
(ii) The petitioners shall appear before the
investigating officer in Crime No.963/2022 of
Badiadkka Police Station, Kasaragod District,
on every Saturday at 11 am, for a period of
two months and thereafter as and when
required for the purpose of investigation;
(iii) The petitioners shall not attempt to
interfere with the investigation or to
influence or intimidate the defacto
complainant or any witness in Crime
No.963/2022 of Badiadkka Police Station,
Kasaragod District;
(iv) The petitioners shall not involve in any
other crime while on bail.
If any of the aforesaid conditions are violated, the investigating
officer in Crime No.963/2022 of Badiadkka Police Station,
Kasaragod District, may file an application before the jurisdictional
court, for cancellation of bail.
Sd/-
VIJU ABRAHAM
JUDGE
sm/
