Kerala High Court
Arun Paul vs State Of Kerala on 12 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
BAIL APPL. NO. 2663 OF 2024
CRIME NO.14/2024 OF KATTOOR POLICE STATION, THRISSUR
PETITIONER(S)/1ST ACCUSED:
ARUN PAUL,
AGED 28 YEARS
VALLOPARAMBIL HOUSE, KUTTADAMPADAM,
VALAVANANGADI DESOM, PADIYOOR VILLAGE, KERALA,
PIN - 680688
BY ADVS.
SARATH BABU KOTTAKKAL
AKSHAY PAVAN
ARCHANA VIJAYAN
RESPONDENT(S)/COMPLAINANT:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
PIN - 682031
OTHER PRESENT:
ADV. SRI.K.M.FAIZAL, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12.04.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.NO.2663 OF 2024
2
ORDER
Dated this the 12th day of April, 2024
This is an application for regular bail under
Section 439 of the Code of Criminal Procedure, 1973,
filed by the 1st accused in Crime No.14/2024 of
Kattoor Police Station, Thrissur, registered under
Sections 341, 323, 324, 308, 447 and 506 read with
Section 34 of the I.P.C.
2. The prosecution allegation is that, on
05.01.2024 at about 11.30 p.m., the petitioner along
with the 2nd accused, criminally trespassed into the
house of the defacto complainant due to their enmity
towards his son, and assaulted the defacto
complainant and his relatives using a knife. If he could
not have evaded that blow successfully, it would have
been turned fatal.
3. Heard learned counsel for the petitioner and
learned Public Prosecutor.
4. Learned Public Prosecutor opposed the bail
B.A.NO.2663 OF 2024
application.
5. Earlier bail application filed by the petitioner as
B.A.No.1654/2024 was dismissed by this Court on
06.03.2024, on the ground that, recovery of the
weapon used by the 1st accused was not effected.
The 1st accused was arrested, and remanded to
judicial custody on 17.02.2024. But so far, no petition
has seen filed by the prosecution to get his custody
for effecting recovery. So, now the prosecution
cannot claim custody, since 15 days period is over
after his remand.
6. Learned Counsel for the petitioner would
submit that, the petitioner is ready to abide by any
conditions imposed by this Court.
7. Hence, this Court is inclined to allow this
application, on the following conditions:-
(i) The petitioner shall be released on bail on
executing bond for Rs.50,000/- (Rupees fifty thousand
only) with two solvent sureties each for the like sum
to the satisfaction of the trial court.
B.A.NO.2663 OF 2024
(ii) The petitioner shall report before the
Investigating Officer on alternate Saturdays, starting
from 20.04.2024 between 10.00 a.m. and 11.00 a.m.,
for a period of three months, or till the final report is
filed, whichever is earlier.
(iii) The petitioner shall not contact the defacto
complainant or his family members, and shall not
cause any kind of harassment to them either directly
or indirectly.
(iv) The petitioner shall not influence or intimidate
the witnesses or tamper with the evidence.
(v) The petitioner has to surrender his passport
before the trial court at the time of executing the
bond and if he is not having a passport, he has to file
an affidavit to that effect.
(vi) The petitioner shall not leave the limits of
State of Kerala without getting prior sanction from the
trial court.
(vii) The petitioner shall not commit any offence
while on bail.
B.A.NO.2663 OF 2024
(viii) In case of violation of the bail conditions, the
trial court is empowered to cancel the bail in
accordance with law.
Sd/-
SOPHY THOMAS
JUDGE
NB/12-4
B.A.NO.2663 OF 2024
APPENDIX OF BAIL APPL. 2663/2024
PETITIONER'S ANNEXURES:
ANNEXURE A1 THE TRUE PHOTOCOPY OF THE FIR IN CRIME 14/2024
OF THE KATTOOR POLICE STATION, THRISSUR
ANNEXURE A2 A TRUE PHOTOCOPY OF THE ORDER IN CRL.M.P
1286/2024 DATED 21.02.2024
ANNEXURE A3 A TRUE PHOTOCOPY OF THE ORDER IN BAIL APPL. NO
1654/2024 DATED 06.03.2024
ANNEXURE A4 A TRUE PHOTOCOPY OF THE JUDGMENT IN S.C NO
356/2016 DATED 30.11.2021
ANNEXURE A5 A TRUE PHOTOCOPY OF THE JUDGMENT IN S.C NO
761/2015 DATED 27.07.2022
RESPONDENT ANNEXURES: NIL
sTRUE COPY
P.A. TO JUDGE
