Kerala High Court
Hemanth vs State Of Kerala on 30 September, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
SATURDAY, THE 30TH DAY OF SEPTEMBER 2023 / 8TH ASWINA, 1945
BAIL APPL. NO. 8194 OF 2023
CRIME NO.2504 OF 2023 OF PALLURUTHY POLICE STATION, ERNAKULAM DISTRICT
AGAINST THE ORDER/JUDGMENT CRMC 2518/2023 OF DISTRICT COURT & SESSIONS COURT,
ERNAKULAM
PETITIONER/S:
1 HEMANTH
AGED 23 YEARS
S/O RAJU, PUTHENKARI HOUSE, KULAKKADAVU, KUMBALANGHI, ERNAKULAM,
PIN - 682007
2 AYYAPPAN
AGED 23 YEARS
S/O NARASIMHAN, KATTUMMEL HOUSE, KUMBALANGHI, ERNAKULAM,, PIN -
682007
BY ADVS.
M.H.HANIS
P.M.JINIMOL
T.N.LEKSHMI SHANKAR
RESPONDENT/S:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN -
682031
OTHER PRESENT:
SR.PP-SRI.P.G.MANU(MAMALASSERY)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.09.2023, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL.NO.8194 OF 2023
2
O R D E R
This application is filed under Section 439 of the Code of
Criminal Procedure seeking regular bail.
2. The petitioner is the accused in Crime No.2504/2023 of
Palluruthy police station, Ernakulam, for having committed
offences punishable under Sections 294(b), 323, 324, 341, 308
and 506 IPC.
3. The prosecution allegation is that on 28/08/2023 at
about 9.30 P.M., accused No. 1 & 5 and other accused
restrained the defacto complainant and abused and fisted him.
When the defacto complainant's friend intervened to prevent it,
accused no.5 kicked him and beat him with his helmet and
accused no.1 beat him with a wooden reaper at Jawahar Nagar
road in Pazhangad and thereby, the petitioners have committed
the aforesaid offences.
4. The learned counsel appearing for the petitioners would
BAIL APPL.NO.8194 OF 2023
say that the petitioners are innocent and falsely implicated with
ulterior motives. At any rate, he points out that the petitioners
have been in custody since 29.08.2023, and continued custody
of the petitioner is unnecessary.
5. The learned Public Prosecutor opposed the petition and
points out that the petitioners are not entitled to bail.
6. After having considered the submissions of the learned
counsel for the petitioners and the learned Public Prosecutor
and considering the nature of injuries caused and the fact that
the petitioners have been in custody since 29.08.2023, I hold
that bail can be granted to the petitioners.
7. Accordingly, this application is allowed, and the
petitioners are granted bail subject to the following conditions:-
1.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;
2.The petitioners shall report before the
BAIL APPL.NO.8194 OF 2023
Investigating Officer as and when directed.
3.The petitioners shall surrender their passports,
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 shall file an affidavit to that effect
before the court concerned on the date of
execution of the bond or within three days
thereafter.
4.The petitioners shall not tamper or attempt to
tamper with the evidence or influence or try to
influence the witnesses.
5.The petitioners shall not be involved in any other
crime while on bail.
6.If any of the conditions are violated, the court
concerned shall be empowered to take steps for
BAIL APPL.NO.8194 OF 2023
cancellation of bail as per law.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
shg
BAIL APPL.NO.8194 OF 2023
APPENDIX OF BAIL APPL. 8194/2023
PETITIONER ANNEXURES
Annexure A THE TRUE COPY OF THE ORDER IN CRL.M.C NO.2518/2023
DATED 12-09-2023 IN CRIME NO.2504/2023 OF
PALLURUTHY POLICE STATION, ERNAKULAM DISTRICT FILED
BEFORE THE COURT OF SESSION, ERNAKULAM DIVISION
