Kerala High Court
Shyju vs State Of Kerala on 11 October, 2023
` IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 11TH DAY OF OCTOBER 2023 / 19TH ASWINA, 1945
BAIL APPL. NO. 7959 OF 2023
CRIME NO.650/2023 OF Pulikeezhu Police Station, Pathanamthitta
AGAINST THE ORDER/JUDGMENT CRMP 3547/2023 OF JUDICIAL
MAGISTRATE OF FIRST CLASS ,THIRUVALLA
PETITIONERS/ACCUSED 1,2,3 AND 5
1 SHINU
AGED 36 YEARS
S/O MOHANAN, RAMACHERIL HOUSE,
NEAR THALAVADI HIGH SCHOOL, THALAVADI VILLAGE,
ALAPPUZHA,, PIN - 689572
2 SANTHOSH
AGED 42 YEARS
S/O PURUSHAN, MAKARACHALIL HOUSE, AKG JUNCTION,
THALAVADI, ALAPPUZHA-, PIN - 689572
3 SANALKUMAR,
AGED 26 YEARS
S/O SASI, CHIRAPARAMBIL HOUSE, AKG JUNCTION,
THALAVADI, ALAPPUZHA-, PIN - 689572
4 DEEPU KRISHNAN
AGED 30 YEARS
S/O KRISHNAKUMAR, VILANJOOR HOUSE, THALAVADI,
ALAPPUZHA-, PIN - 689572
BY ADV M.R.SASITH
RESPONDENT
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
BY PUBLIC PROSECUTOR SMT.T.V NEEMA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
11.10.2023, ALONG WITH Bail Appl..7678/2023, 8163/2023, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A. No.7959, 7678 and 8163 of 2023
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 11TH DAY OF OCTOBER 2023/
19TH ASWINA, 1945
BAIL APPL. NO. 7678 OF 2023
CRIME NO.650/2023 OF Pulikeezhu Police Station,
Pathanamthitta
PETITIONER
SHYJU
AGED 42 YEARS
S/O BHASKARAN, ENPATHANJILCHIRA, AKG JUNCTION,
THALAVADY P.O, ALAPPUZHA,, PIN - 689572
BY ADV NIREESH MATHEW
RESPONDENT
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
BY PUBLIC PROSECUTOR SMT.T.V. NEEMA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 11.10.2023, ALONG WITH Bail Appl..7959/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A. No.7959, 7678 and 8163 of 2023
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 11TH DAY OF OCTOBER 2023 /
19TH ASWINA, 1945
BAIL APPL. NO. 8163 OF 2023
CRIME NO.650/2023 OF Pulikeezhu Police Station,
Pathanamthitta
PETITIONER/4TH ACCUSED
MANJESH KUMAR
AGED 40 YEARS,S/O LATE T D DASAPPAN NAIR
VILANJOOR HOUSE THALAVADY P O ALAPPUZHA,
PIN - 689572
BY ADVS.
CHRISTINE MATHEW
AISWARYA E J VETTIKOMPIL
RESPONDENT
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
BY SR.PUBLIC PROSECUTOR SRI.P.G MANU
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 11.10.2023, ALONG WITH Bail Appl..7959/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A. No.7959, 7678 and 8163 of 2023
4
MOHAMMED NIAS C.P, J.
---------------------------------------------
B.A. Nos.7959, 7678 and 8163 of 2023
------------------------------------------------------
Dated this the 11th day of October , 2023.
ORDER
[Bail Appl. Nos.7959/2023, 7678/2023 and 8163/2023]
These are the applications filed by the petitioners under
Section 439 of the Code of Criminal Procedure seeking regular
bail.
2. The petitioners are the accused Nos.1 to 6 in Crime
No.650/2023 of Pullikeezhu Police Station, Pathanamthitta
District, for having committed offences punishable under
Sections 294(b), 427, 323, 324, 307 and 385 read with Section
34 of the Indian Penal Code.
3. The prosecution case is that, on 24.8.2023, at 9.30 p.m,
the accused Nos.1 to 6 came to Indraprastha Hotel and Bar at
Valanjavattom in a car bearing Reg.No.KL66A-4635 and
consumed alcohol. When the bar attender asked for money, the
1st accused hit his nose with a plate, and on seeing this, when
the waiter came, the 1st accused threatened to kill him and hit
B.A. No.7959, 7678 and 8163 of 2023
his face and head with a beer bottle. The other accused persons
used obscene words against the said person and hit him with
soda bottles on his head and body, causing serious injuries.
They also destroyed the furniture in the bar worth Rs.3 lakhs.
Thus, the accused persons are alleged to have committed the
offences mentioned above.
4. The learned counsel appearing for the petitioners would
say that the petitioners are totally innocent and falsely implicated
with ulterior motives. At any rate, he points out that the accused
Nos.1,2,3,5 and 6 are in custody from 26.08.2023, and the 4th
accused is in custody from 25.08.2023, and continued custody of
the petitioners is unnecessary.
5. The learned public prosecutor opposed the petition and
points out that the petitioners are not entitled to get bail.
6. After having considered the submissions of the learned
counsel for the petitioners and the learned Public Prosecutor and
considering the nature of the offences committed by the
petitioners, the fact that the 4th accused is in custody from
25.08.2023 and accused Nos.1,2,3,5 and 6 has been in custody
since 26.08.2023, the fact that recovery had already been
B.A. No.7959, 7678 and 8163 of 2023
effected and also since there is no apprehension raised by the
prosecution that if they are released on bail the petitioners are
likely to abscond, I hold that bail can be granted to the
petitioners.
(i) The petitioners shall be released on bail on executing
a bond for 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 report before the Investigating
Officer as and when required to do so.
(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 not be involved in any other crime
while on bail.
(v) 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 a 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
B.A. No.7959, 7678 and 8163 of 2023
shall file an affidavit to that effect before the court
concerned on the date of execution of the bond or within
three days thereafter.
(vi) The petitioners shall not enter the limits of Pulikeezhu
police station, Pathanamthitta, for a period of three months.
(v) If any of the conditions are violated, the court
concerned shall be empowered to take steps for
cancellation of bail as per law.
Sd/-
MOHAMMED NIAS C.P
smm JUDGE
B.A. No.7959, 7678 and 8163 of 2023
APPENDIX OF BAIL APPL. 7959/2023
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE ORDER PASSED BY THE
JUDICIAL FIRST CLASS MAGISTRATE COURT,
THIRUVALLA AS CRL. M.P NO. 3547/2023
IN CRIME NO. 650/2023 OF PULIKEEZHU
POLICE STATION DATED 08.09.2023
B.A. No.7959, 7678 and 8163 of 2023
APPENDIX OF BAIL APPL. 7678/2023
PETITIONER ANNEXURES
Annexure A1 THE TRUE COPY OF THE F.I.R IN CRIME NO
650/2023 OF PULIKEEZHU POLICE STATION,
PATHANAMTHITTA
Annexure A2 THE TRUE COPY OF THE REMAND REPORT
FILED BY THE SUB INSPECTOR OF
PULIKEEZHU POLICE STATION IN CRIME
650/2023
Annexure A3 THE TRUE COPY OF THE ORDER PASSED BY
THE JUDICIAL FIRST-CLASS MAGISTRATE
COURT- THIRUVALLA IN CRL M.P NO
3512/2023 IN CRIME NO 650/2023 OF
PULIKEEZHU POLICE STATION
B.A. No.7959, 7678 and 8163 of 2023
APPENDIX OF BAIL APPL. 8163/2023
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE FIRST INFORMATION
REPORT DATED 25.08.2023
Annexure A2 TRUE COPY OF REMAND REPORT DATED
25.08.2023
Annexure A3 TRUE COPY OF THE ORDER DATED
13.09.2023 IN CRL.MP NO. 6521 OF 2023
PASSED BY THE HON'BLE SESSIONS COURT ,
PATHANAMTHITTA
Annexure A4 TRUE COPY OF THE DEATH CERTIFICATE
DATED 31.08.2023
B.A. No.7959, 7678 and 8163 of 2023
