Kerala High Court
Bail Appl./9509/2019 of HARIKRISHNAN Vs STATE OF KERALA on 31 December 2019
COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ASHOK MENON TUESDAY, THE 31ST DAY OF DECEMBER 2019 / 10TH POUSHA, 1941 Bail Appl..No.9509 OF 2019 AGAINST THE ORDER IN CRMP 15077/2019 DATED 23-12-2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS - I, CHALAKUDY CRIME NO.852/2019 OF
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
TUESDAY, THE 31ST DAY OF DECEMBER 2019 / 10TH POUSHA, 1941
Bail Appl..No.9509 OF 2019
AGAINST THE ORDER IN CRMP 15077/2019 DATED 23-12-2019 OF JUDICIALMAGISTRATE OF FIRST CLASS - I, CHALAKUDY
CRIME NO.852/2019 OF Koratty Police Station , Thrissur PETITIONERS/ACCUSED 2, 4, 6:
1HARIKRISHNANAGED 22 YEARSS/O.CHANDRASEKHARAN, AMBADY HOUSE, CHIRANGARA, KORATTY EAST DESOM, KORATTY KIZHAKKUMURI VILLAGE, THRISSUR- 680 308.
2PRADEEP,AGED 40 YEARSAGED 40 YEARS
S/O.LOOKKA, EDAYATTIL HOUSE, THIRUMUDIKUNNU DESOM, KORATTY, KIZHAKKUMURI VILLAGE, THRISSUR- 680 308.
3SYAMKRISHNAN,AGED 25 YEARS
S/O.SOMASEKHARAN, MADAYATH HOUSE, CHIRANARA DESOM, KORATTY, KIZHAKKUMURI VILLAGE, THRISSUR- 680 308.
BY ADV. SRI.SAIBY JOSE KIDANGOOR
RESPONDENTS/STATE & COMPLAINANT:
1STATE OF KERALAREP. BY PUBLIC PROSECUTOR, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM -682 031.
2SUB INSPECTOR OF POLICE,
KORATTY POLICE STATION, THRISSUR RURAL- 680 308.
OTHER PRESENT:
SMT.SREEJA.V., PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON31.12.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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ORDER
Petitioners are accused 2, 4 and 6 in Crime No.852 of 2019 of KorattyPolice Station, for having alleged to have committed offence punishable underSections 143, 147, 148, 341, 323, 324, 326 read with 149 of the IPC.
2. The prosecution case in brief is that the petitioners had in furtherance of their common object formed themselves into an unlawful assembly attackedthe de facto complainant with a stick causing fracture injury to his hand. It isfurther alleged that the main overt act is attributed to the first accused. Thereis no specific overt act attributed to the rest of the accused eventhough theyhad wrongfully restrained the de facto complainant.
3. Accused 2, 4 and 6 have been arrested and they are in custody. Inview of the fact that overt act is attributed only to the first accused andpetitioners did not have any criminal antecedents, I am inclined to grant bail tothe petitioners.
In the result, this application is allowed. Petitioners are released on bailon condition that they shall execute a bond for Rs.50,000/- each with twosolvent sureties each for the like-sum to the satisfaction of the jurisdictionalMagistrate.
Sd/-
ASHOK MENON,JUDGE /true copy/