IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P.
TUESDAY, THE 18TH DAY OF JANUARY 2022 / 28TH POUSHA, 1943 BAIL APPL. NO. 244 OF 2022 CRIME NO.1062/2021 OF VALAPPAD POLICE STATION, THRISSUR DISTRICT PETITIONER/4TH ACCUSED:
SAJIN, AGED 35 YEARS S/O. GOPI, PAMPATH HOUSE, ANAVIZHUNGI DESOM, VALAPPAD VILLAGE, THRISSUR.
BY ADVS.
M.SHAJU PURUSHOTHAMAN K.S.RAJESH RESPONDENTS/COMPLAINANT:
1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2 THE STATION HOUSE OFFICER, VALAPAD POLICE STATION, THRISSUR DISTRICT, PIN - 680 715.
BY SRI.T.R.RANJITH (SR.PP)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
18.01.2022, ALONG WITH Bail Appl..383/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P.
TUESDAY, THE 18TH DAY OF JANUARY 2022 / 28TH POUSHA, 1943 BAIL APPL. NO. 383 OF 2022 CRIME NO.1062/2021 OF VALAPPAD POLICE STATION, THRISSUR PETITIONERS/ACCUSED NO.1 & 3:
1 DILEEP AGED 42 YEARS S/O THAMI, KUMBALATHOOR HOUSE, ANAVIZHUNGI DESOM, CHAVAKKAD TALUK, THRISSUR.
2 SUDHEESH AGED 33 YEARS S/O CHANDRASEKHARAN, ANAKKATHIL HOUSE, EDAMUTTAM DESOM, VALAPPAD VILLAGE, THRISSUR.
BY ADV. JITHIN BABU A RESPONDENTS/STATE:
1 STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031.
2 STATION HOUSE OFFICER, VALAPPAD POLICE STATION, THRISSUR DISTRICT, PIN - 680 567.
BY SRI.M.C.ASHI (PP)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
18.01.2022, ALONG WITH Bail Appl..244/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ORDER
These are applications for regular bail.
2. Petitioners are accused in Crime No.1062 of 2021 of Valappad Police Station, Thrissur District, alleging commission of offences under Sections 341, 323, 324, 308, 326, 294(b) and 506(ii) read with Section 34 of the Indian Penal Code. The petitioner in Bail Application No.244 of 2022 is the 4th accused, while the petitioners in Bail Application No.383 of 2022 are accused Nos.1 and 3 in the aforesaid crime.
3. The allegation against the petitioners is that owing to a dispute relating to parking of motor cycles, the petitioners along with the other accused in the case, attacked the de-facto complainant and his brother with an iron pipe and caused serious injuries to them.
4. The learned counsel appearing for the petitioners in these cases would submit that it was actually the de-facto complainant, who first attacked the petitioners. It is submitted that the petitioners only retaliated fearing attack from the de-facto complainant. It is submitted that at the instance of the petitioners, Crime No.1080 of 2021, Valappad Police Station, Thrissur District has been registered against the de-facto complainant and others. It is submitted that the petitioner in Bail Application No.244 of 2022 had suffered injuries owing to attack by the de-facto complainant and was admitted to hospital for a period of 5 days. It is submitted that the de-facto complainant has already been granted anticipatory bail by this Court in Crime No.1080 of 2021. It is also submitted that the petitioner in Bail Application No.244 of 2022 and the 1st petitioner in Bail Application No.383 of 2022 have been in custody from 02.11.2021, while the 2nd petitioner in Bail Application No.383 of 2022 has been in custody from 06.11.2021.
5. I have heard the learned Public Prosecutor also. The learned Public Prosecutor submits that in so far as the 1st accused, the 1st petitioner in Bail Application No.383 of 2022 is concerned, he has criminal antecedents. It is submitted that serious injuries were caused to the de-facto complainant on account of the attack by the petitioners along with the other accused. It is submitted that if the petitioners are released on bail, there is every chance that witnesses may be influenced in the matter.
6. Having regard to the fact that the petitioner in Bail Application No.244 of 2022 and the 1st petitioner in Bail Application No.383 of 2022 have been in custody for more than 77 days and considering the fact that the 2nd petitioner in Bail Application No.383 of 2022 has been in custody for 73 days and considering that the continued detention of the petitioners may not be necessary for a proper investigation into the matter, I am of the opinion that the petitioners can be granted bail subject to conditions.
7. In the result, this bail application is allowed and it is directed that the petitioners shall be released on bail subject to the following conditions:
(1) Petitioners shall execute bonds for sums of Rs.50,000/- (Rupees Fifty Thousand) each with two solvent sureties each for the like sum to the satisfaction of the Jurisdictional Court;
(2) Petitioners shall not attempt to or to influence or intimidate the de-facto complainant or any witness in Crime No.1062 of 2021 of Valappad Police Station, Thrissur District;
(3) Petitioners shall report before the investigating ofÏcer in Crime No.1062 of 2021 of Valappad Police Station, Thrissur District, every Saturday at 11.00 A.M until further orders;
(4) Petitioners shall not involve in any other crime while on bail.
If any of the aforesaid conditions are violated, the investigating officer in Crime No.1062 of 2021 of Valappad Police Station, Thrissur District, may file an application before the Jurisdictional Court for cancellation of bail.
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