Shaji.E.M, @ Muthu vs State Of Kerala
2023 Latest Caselaw 11678 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
        THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 16TH DAY OF NOVEMBER 2023 / 25TH KARTHIKA, 1945
                    BAIL APPL. NO. 9287 OF 2023
      CRIME NO.873/2023 OF PANUR POLICE STATION, KANNUR
AGAINST THE ORDER/JUDGMENT CRMP 4089/2023 OF ADDITIONAL CHIEF
                JUDICIAL MAGISTRATE ,THALASSERY
 CRMC 2062/2023 OF DISTRICT COURT & SESSIONS COURT,THALASSERY


PETITIONERS/ACCUSED NOS.1 & 3:


    1    SHAJI.E.M, @ MUTHU,
         AGED 48 YEARS
         S/O.KRISHNAN,ALIPPALLI,
         VAISHNAV HOUSE, MOKERI AMSOM,VALLIYAYI,
         P.O.MUTHIYANGA, KANNUR DISTRICT, PIN - 670961

    2    SHIGIL.E.M,
         AGED 30 YEARS
         S/O.PRAKASAN, KRISHNA NIVAS,
         MOKERI AMSOM, VALLIYAYI,P.O.MUTHIYANGA,
         KANNUR DISTRICT, PIN - 670691
         BY ADVS.
         ARUN KRISHNA DHAN
         T.K.SANDEEP
         ARJUN SREEDHAR
         ALEX ABRAHAM
         HARIKRISHNAN P.B.
         SWETHA R.


RESPONDENT/STATE:

         STATE OF KERALA,
         REPRESENTED BY PUBLIC PROSECUTOR,
         HIGH COURT OF KERALA-682031


          SMT. T.V. NEEMA, SR.PP

     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
16.11.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 B.A.No.9287/2023
                                   ..2..




                   MOHAMMED NIAS C.P., J.
                    ---------------------
                         B.A.No. 9287/2023
           ---------------------------
               Dated this the 16th day of November, 2023

                              ORDER

This application is filed under Section 439 of the Code of Criminal

Procedure, seeking regular bail.

2. The petitioners are accused Nos. 1 & 3 in Crime

No.873/2023 of Panoor Police Station, Kannur District, for having

allegedly committed offences punishable under Sections 341, 324, 326,

308 read with Section 34 of the Indian Penal Code.

3. The prosecution case is that, on 23.08.2022 at 1.30 P.M. from

Navodhaya Kunnu, at Valliyayi, Mokeri, when the defacto complainant

had gone for loading laterite stones in the lorry, the accused together in

furtherance of their common intention of causing grievous hurt, the 1st

accused cut him with a chopper in his both hands and both legs and on

the back side. He sustained grievous hurt and thereby committed the

offence.

4. The learned counsel appearing for the petitioners would say

that the petitioners are innocent and falsely implicated with ulterior B.A.No.9287/2023 ..3..

motives. At any rate, he points out that the petitioners have been in

custody since 18/09/2023, and continued custody of the petitioners is

unnecessary.

5. The learned public prosecutor opposed the petition and

pointed out that the petitioners are not entitled to bail.

6. After having considered the submissions of the learned

counsel for the petitioner and learned Public Prosecutor, though the

allegations against the petitioners are very serious and with bad

antecedents, the fact that the petitioners have been in custody since

18/09/2023, the major part of the investigation is over, the second

accused already released on bail also since there is no apprehension

raised by the prosecution that if released on bail, the petitioners are likely

to abscond, the accused No.2 was already released on bail, I hold that bail

can be granted to the petitioners.

Accordingly, this application is allowed, and the petitioners granted

bail subject to the following conditions:-

(i) The petitioners shall be released on bail on executing a bond

for Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties

each for the like sum to the satisfaction of the jurisdictional court;

(ii) The petitioners shall report before the Investigating Officer B.A.No.9287/2023 ..4..

as and when directed;

(iii) The petitioners shall not tamper or attempt to tamper with the

evidence or influence or try to influence the witnesses;

(iv) The petitioners shall surrender their passport, if any, within

seven days from the date of their release before the Court concerned, and

if the release of the passport is required at the later period, the petitioners

shall be at liberty to move an appropriate application for the same before

the court having jurisdiction. If they have no passport, they shall file an

affidavit to that effect before the court concerned on the date of execution

of the bond or within three days thereafter;

(v) The petitioners shall not be involved in any other crime

while on bail;

If any of the conditions are violated, the court concerned will be

empowered to take steps for cancellation of bail as per law;

Sd/- MOHAMMED NIAS C.P.

JUDGE APA B.A.No.9287/2023 ..5..

APPENDIX OF BAIL APPL. 9287/2023

PETITIONERS' ANNEXURES Annexure -A1 TRUE COPY OF THE FIR IN CRIME NO. 873 OF 2023 OF PANOOR POLICE STATION DATED 24.08.2023 Annexure-A2 TRUE COPY OF THE ORDER DATED 21.08.2023 IN CRL.M.P.NO.4089/2023 IN CRIME NO.873/2023 OF PANOOR POLICE STATION ON THE FILES OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT, THALASSERY Annexure-A3 CERTIFIED COPY OF THE ORDER DATED 11.10.2023 IN CRL.M.C.NO.2062/2023 ON THE FILES OF THE SESSIONS COURT, THALASSERY Annexure-A4 CERTIFIED COPY OF THE ORDER DATED 11.10.2023 IN CRL.M.C.NO.2063/2023 ON THE FILES OF THE SESSIONS COURT, THALASSERY