Kerala High Court
Harikrishnan vs State Of Kerala on 25 October, 2023
BA Nos.7274 & 7067 of 2023 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 25TH DAY OF OCTOBER 2023 / 3RD KARTHIKA, 1945
BAIL APPL. NO. 7067 OF 2023
CRIME NO.1474/2021 OF NEYYARDAM POLICE STATION, THIRUVANANTHAPURAM
AGAINST THE ORDER/JUDGMENT CMP 249/2023 OF JUDICIAL MAGISTRATE OF
FIRST CLASS ,KATTAKADA
PETITIONER/9TH ACCUSED:
HARIKRISHNAN
AGED 23 YEARS
S/O BIJU, KUNNIL VEEDU, PANNIYODE, VEERANAKAVU VILLAGE,
THIRUVANANTHAPURAM DISTRICT,, PIN - 695575
BY ADV M.R.SASITH
RESPONDENT/STATE & COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
2 STATION HOUSE OFFICER
NEYYARDAM POLICE STATION, THIRUVANANTHAPURAM, PIN -
695572
OTHER PRESENT:
SRI.P.G.MANU(MAMMALASSERY), SR.PP T V NEEMA SR PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
16.10.2023, ALONG WITH BAIL APPL..7274/2023, THE COURT ON
25.10.2023 DELIVERED THE FOLLOWING:
BA Nos.7274 & 7067 of 2023 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 25TH DAY OF OCTOBER 2023 / 3RD KARTHIKA, 1945
BAIL APPL. NO. 7274 OF 2023
CRIME NO.1473/2021 OF NEYYARDAM POLICE STATION, THIRUVANANTHAPURAM
AGAINST THE ORDER/JUDGMENT CMP 2272/2021 OF JUDICIAL MAGISTRATE OF
FIRST CLASS ,KATTAKADA
PETITIONER/7TH ACCUSED:
HARIKRISHNAN
AGED 23 YEARS
S/O BIJU, KUNNILVEEDU, PANNIYODE, VEERANAKAVU VILLAGE,
THIRUVANANTHAPURAM DISTRICT,, PIN - 695575
BY ADV M.R.SASITH
RESPONDENT/STATE & COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
PIN - 682031
2 STATION HOUSE OFFICER
NEYYARDAM POLICE STATION, THIRUVANANTHAPURAM,, PIN -
695572
SRI.P.G.MANU(MAMMALASSERY), SR.PP T V NEEMA SR PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16.10.2023,
ALONG WITH BAIL APPL..7067/2023, THE COURT ON 25.10.2023 DELIVERED THE
FOLLOWING:
BA Nos.7274 & 7067 of 2023 3
MOHAMMED NIAS C.P., J
.......................................................................
Bail Application Nos.7067 and 7274 of 2023
..............................................................................
Dated this the 25th day of October, 2023
ORDER
These applications are filed under Section 439 of the Code of Criminal
Procedure, 1973, for regular bail.
2. In B.A. No.7067/2023, the petitioner is the 9th accused in crime
No.1474/2021 of Neyyardam police station, Thiruvananthapuram, for
offences punishable under Sections 141, 143, 144, 147, 148, 120B, 294(b),
324, 353 and 307 read with 149 of the IPC, whereas in B.A.No.7274/2023, the
petitioner is the 7th accused in crime No. 1473/2023 registered in the same
police station for offences under Sections 141, 143, 144, 147, 148, 294(b),
341, 324, 332 and 307 read with 149 of the IPC.
3. The prosecution case is that, on 16.7.2021 at about 01.30 hours, the
petitioner and other accused persons, with a common intention to cause
death of the de facto complainant, a police officer, and others in a police jeep,
formed themselves into an unlawful assembly armed with deadly weapons
like sword, chopper and explosives in three bikes by showering abusive
language apart from calling out loudly to set fire on the police jeep near the
police party who were checking the vehicles. After that, the first accused
hurled a petrol bomb at the police jeep bearing Regn.No.KL-01-BR-9374, and
others pelted stones on the de facto complainant police officer and other
police officials on duty, where the de facto complainant suffered grievous
injury on his head due to the continuous pelting of stones by the accused
causing obstruction to their official duty. It is alleged that if the police had
not moved the vehicle from the place, the accused would have thrown a bomb
against the de facto complainant and other police officers, and thus, they
have committed the aforesaid offences. Petitioner was arrested on
01-02-2023.
4. As regards Crime No.1473/2021, the petitioner was granted bail on
15.12.2021. Later, CMP 2369/2021 was filed seeking cancellation of the bail
for violating a condition of appearing before the Investigating Officer and
also for getting involved in the following crime during the currency of the
bail: Maranalloor police station registered crimes such as (1) Crime No.
1961/2021 under Sections 141, 143, 144, 147, 148, 294(b), 427 and 506(ii)
read with 149 IPC, Section 27 of Arms Act and Section 5 of Prevention of
Damage to Private Property and Payment of Compensation Act and (2) Crime
No.1962/2021 under Sections 141, 143, 144, 147, 148, 294(b) and 353 r/w
149 IPC, Section 3 of PDPP Act and Section 27 of Arms Act. Therefore, his
release on bail is sought to be cancelled.
5. In crime No.1474/2021, statutory bail was granted on 22.10.2021.
Later, CMP 370/2022 was filed seeking cancellation of the bail for violating a
condition of appearing before the Investigating Officer and also for getting
involved in the following crime during the currency of the bail: Maranalloor
police station registered crimes such as (1) Crime No. 1961/2021 under
Sections 141, 143, 144, 147, 148, 294(b), 427 and 506(ii) read with 149 IPC,
Section 27 of Arms Act and Section 5 of Prevention of Damage to Private
Property and Payment of Compensation Act and (2) Crime No.1962/2021
under Sections 141, 143, 144, 147, 148, 294(b) and 353 r/w 149 IPC, Section
3 of PDPP Act and Section 27 of Arms Act.
6. The learned counsel for the petitioner submits that continued
custody of the petitioner is unnecessary. He cites Rajeev v. State of Kerala
(2023 KHC Online 417), which was also a case of an accused in crime
No.1474/2021, whose bail was cancelled for having been involved in a
subsequent crime. In that case, this Court found that he was already
released on bail in the subsequent case.
7. The learned Public Prosecutor opposes the bail applications, pointing
out that seven antecedents are reported against the 7th accused.
8. After considering the rival submissions, it is to be noted that the
judgment in Rajeev (supra) has no application in the facts of this case as in
that case, the learned Judge has clearly found that in the subsequent case in
which the accused got involved during the currency of the bail, he was
granted bail. In the present case, in both the cases where bail was granted to
the petitioner, he got involved in crimes in violation of the conditions granting
bail apart from the other antecedents. The ratio in Rajeev (supra) does not
have an application to the facts of the case.
9. The report submitted by the Public Prosecutor for objecting to the
bail states that the petitioner is an accused in the following cases:-
Neyyardam Police Station
(1)Crime 1466/2021,U/Sec.141,143,144,147,148,149,294(b),452,324,427,308
IPC and 5 & 6 of Kerala Prevention of damage to private Property & Payment
of Compensation Act 2019.
(2)Crime 1474/2021, U/Sec. 141,143,144,147,149,294(b),324,353 IPC & Sec.
3 & 4 OF PDPP Act & 3 and 5 Explosive Substance Act.
Kattakada Police Station
(1)Crime 282/2020,U/Sec. 294(b),323,324,308& 34 IPC.
(2) Crime 3424/2020,U/Sec. 143,147,148,294(b),323,324,332,149 IPC, Sec.
27 of Arms Act, 3(1) of Prevention of Damage to Public Property Act 1984.
Nemom Police Station
Crime 1049/2019, U/Sec.452.294(b),323.324,308,34 IPC & Sec. 27 of Arms
Act.
Maranalloor Police Station
(1)Crime 1961/2021, U/Sec.141.142,143,144,149,294(b),427,506(ii) IPC and
Sec. 5 of Kerala Prevention of Damage to Private Property & Payment of
Compensation Act 2019 and 27 of Arms Act. (2) Crime 1962/2021, U/Sec.
143,144,147,148,149,294(b),353 IPC & Sec. 3 of PDPP Act and Sec. 27 of
Arms Act.
10. The report also states that the petitioner's activities were anti-
social; he has the tendency to continuously commit offences to endanger the
life and property of the public, he is on the rowdy list of Kattakkada police
station, detention orders under KAAPA was also issued. Under such
circumstances, I am not inclined to grant bail to the petitioner as the accused
has been continuously misusing the liberty granted by indulging in serious
offences after the grant of bail. When considering the personal liberty of the
petitioner, the Courts have to weigh the larger public interest against the
individual liberty of the petitioner, and in this case, individual liberty will
have to give way to the larger public interest. The apprehension of the
prosecution that he will influence or intimidate the witnesses cannot be ruled
out. Thus, there is a likelihood of the investigation being derailed and the
trial adversely affected.
Under such circumstances, I am not inclined to grant bail. The bail
applications are accordingly dismissed.
Sd/-
MOHAMMED NIAS C.P.,
JUDGE
okb/
APPENDIX OF BAIL APPL. 7274/2023
PETITIONER ANNEXURES
Annexure A1 THE CERTIFIED COPY OF THE ORDER FOR
CANCELLATION OF BAIL GRANTED TO THE
PETITIONER IN CMP NO.2369/2021 DATED
14.02.2022 BY THE JUDICIAL FIRST CLASS
MAGISTRATE COURT,KATTAKKADA
Annexure A2 THE TRUE COPY OF THE ORDER DATED 07.07.2023
IN CMP NO.4529/2023 IN C.P.6/2023 IN CRIME
NO.1473/2021 OF NEYYARDAM POLICE STATION
BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE
COURT, KATTAKKADA
APPENDIX OF BAIL APPL. 7067/2023
PETITIONER ANNEXURES
Annexure A1 THE TRUE COPY OF THE FIR IN CRIME NO.
1474/2021 OF NEYYARDAM POLICE STATION,
THIRUVANANTHAPURAM
Annexure 2 THE TRUE COPY OF THE ORDER FOR CANCELLATION
OF BAIL OF THE PETITIONER DATED 30.04.2022
IN CMP NO.370/2022 IN CRIME NO. 1474/2021 OF
NEYYARDAM POLICE STATION, THIRUVANANTHAPURAM
BY THE JUDICIAL FIRST CLASS MAGISTRATE
COURT; KATTAKKADA
Annexure A3 THE TRUE COPY OF THE ORDER DATED 07.07.2023
IN CMP NO.249/2023 IN CRIME NO.1474/2021 OF
NEYYARDAM POLICE STATION BEFORE THE JUDICIAL
FIRST CLASS MAGISTRATE COURT, KATTAKKADA
Annexure A4 THE TRUE COPY OF THE ORDER DATED 15.06.2023
IN CRL MC NO 4246/2023
