Kerala High Court
Manas vs State Of Kerala on 23 March, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
THURSDAY, THE 23RD DAY OF MARCH 2023 / 2ND CHAITHRA, 1945
BAIL APPL. NO. 2233 OF 2023
(CRIME NO.322/2023 OF IRINJALAKUDA POLICE STATION)
AGAINST THE ORDER/JUDGMENT IN CR 322/2023 OF JUDICIAL MAGISTRATE
OF FIRST CLASS, IRINJALAKUDA
PETITIONER/ACCUSED NOS. 4, 5 AND 6:
1 MANAS
AGED 25 YEARS
S/O.BEERAAN, ARIPURATH HOUSE, VELLANGALLUR DESOM,
VADAKKUMKARA VILLAGE, MUKUNDAPURAM TALUK,
THRISSUR DISTRICT,, PIN - 680662
2 EDRIN
AGED 23 YEARS
S/O.SEBASTIAN, THEKKEPURAM HOUSE, VELAYAND DESOM,
VADAKKUMKARA VILLAGE, MUKUNDAPURAM TALUK,
THRISSUR DISTRICT,, PIN - 680662
3 SAMAD
AGED 20 YEARS
S/O.SAHEER, ARAKKAPARAMBIL HOUSE, VELAYAND DESOM,
VADAKKUMKARA VILLAGE, MUKUNDAPURAM TALUK,
THRISSUR DISTRICT,, PIN - 680662
BY ADV N.L.BITTO
RESPONDENT/STATE OF KERALA:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
BY ADV PUBLIC PROSECUTOR
OTHER PRESENT:
T V NEEMA SRPP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
23.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 2233 OF 2023
2
ORDER
Dated this the 23rd day of March, 2023
This is a petition filed under Section 439 of the
Code of Criminal Procedure, seeking bail and the petitioners
are the accused Nos. 4, 5 and 6 in Crime No.322/2023 of
Irinjalakuda Police Station, Thrissur.
2. Heard the learned counsel for the petitioners as
well as the learned Public Prosecutor. Perused the case diary
as such along with the copy of wound certificate, placed by
the learned Public Prosecutor.
3. The prosecution case in nut shell is that at 09:15
p.m., on 04.03.2023 due to the animosity towards the
defacto complainant and others, since they questioned the
accused persons when smoked cigarettes, accused Nos. 1 to
10 formed themselves into an unlawful assembly, knowing
that they all are the members of the said assembly, in
prosecution of their common object. Thereafter, they abused
the defacto complainant and others, threatened to kill them.
They also beat the friends of the defacto complainant named
BAIL APPL. NO. 2233 OF 2023
Ismall and Shanu with a baseball stick. It is alleged further
that when they tried to find shelter at the house owned by
one Salim, A1 and A2 trespassed upon the said house and
again assaulted them. Thereby, the right ring finger of Ismail
got fractured and Shanu sustained injury on his head with
bleeding. On this premise prosecution alleges commission of
offences under Sections 143, 147, 148, 452, 341, 323, 324,
326, 506, 294(b), 308 read with Section 149 of the Indian
Penal Code by the accused.
4. The learned counsel for the petitioners would
submit that, the petitioners are innocent and the allegations
are false. According to him, even though Muhammed Ismail
sustained comminuted fracture on left ring finger and others
suffered minor injuries in this occurrence, going by the FIS,
no specific overt acts alleged against the petitioners by using
any weapons. It is also submitted that, Mansoor and Edwin
are the persons alleged to have assaulted Salith and
Muhammed Ismail, by using sticks. Therefore, pointing out
the custody of the petitioners from 05.03.2023 and
highlighting the progress of investigation, the learned
BAIL APPL. NO. 2233 OF 2023
counsel for the petitioners pressed for grant of bail to the
petitioners.
5. The learned Public Prosecutor opposed grant of
bail, highlighting the premature stage of investigation as well
as involvement of the 4th accused in Crime No. 106/2019 of
Irinjalakuda Police Station, alleging commission of offence
punishable under Section 160 of IPC. It is also submitted that
5th accused also has involvement in another crime vide
Crime No. 1157/2022 of Irnjalakuda Police Station, alleging
commission of offence punishable under Section 27(b) of the
Narcotic Drugs and Psychotropic Substances Act (for short
'NDPS Act').
6. Although, criminal antecedents reported in relation
to the 5th accused is one under the NDPS Act, the
involvement of the 4th accused is only in a very minor
offence.
7. In view of the above, taking note of the progress of
the investigation and the custody of the petitioners from
05.03.2023, I am inclined to enlarge the petitioners on bail
since further custody of the petitioners, for the purpose of
BAIL APPL. NO. 2233 OF 2023
investigation, is not necessary.
Therefore, this petition stands allowed. The
petitioners are enlarged on bail on conditions:
i. The petitioners shall be released on bail on
their executing bond for Rs.50,000/- (Rupees Fifty
Thousand Only) with two solvent sureties, each for the
like amount to the satisfaction of the Jurisdictional court
concerned.
ii. The petitioners shall not intimidate the
witnesses or tamper with evidence. They shall co-
operate with the investigation and shall be available for
trial.
iii. The petitioners shall appear before the
Investigating Officer as and when directed, apart from
appearing before the Investigating Officer on all
Mondays between 9 am and 10 am, for a period of two
months.
iv. The petitioners shall not, directly or indirectly,
make any inducement, threat or promise to any person
acquainted with the facts of this case, so as to dissuade
BAIL APPL. NO. 2233 OF 2023
them from disclosing such facts to the court or to any
police officer.
v. The petitioners shall not involve in any other
offence during the currency of bail and any such event,
if reported, or came to the notice of this court, the same
shall be a reason to cancel the bail hereby granted.
Sd/-
A. BADHARUDEEN
JUDGE
LU
BAIL APPL. NO. 2233 OF 2023
APPENDIX OF BAIL APPL. 2233/2023
PETITIONER ANNEXURES :
Annexure1 A TRUE COPY OF THE FIR IN CRIME NO.322 OF
2023 OF IRINJALAKUDA POLICE STATION DATED
5/3/2023
Annexure2 A TRUE COPY OF THE ORDER IN CRL.MP.2127 OF
2023 BEFORE THE JFCM, NO.1 IRINJALAKUDA,
DATED 7/3/2023
Annexure3 A TRUE COPY OF THE REMAND REPORT IN CRIME
NO.322 OF 2023 OF IRINJALAKUDA POLICE STATION
DATED 7/3/2023
// True Copy // PA To Judge
