Kerala High Court
Bail Appl./10534/2022 of SANAL Vs STATE OF KERALA on 30 December 2022
COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR FRIDAY, THE 30TH DAY OF DECEMBER 2022 / 9TH POUSHA, 1944 BAIL APPL. NO. 10534 OF 2022 CRIME NO.582/2022 OF Cherpulassery Police Station, Palakkad PETITIONER/ACCUSED: SANAL, AGED 25 YEARS SON OF SUBRAMANIAN,
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
FRIDAY, THE 30[TH] DAY OF DECEMBER 2022 / 9TH POUSHA, 1944
BAIL APPL. NO. 10534 OF 2022
CRIME NO.582/2022 OF Cherpulassery Police Station, PalakkadPETITIONER/ACCUSED:
SANAL, AGED 25 YEARSSON OF SUBRAMANIAN, PARIYARATHODI HOUSE, KARALMANNA (P.O), CHERPULASSERY, OTTAPALAM TALUK, PALAKKAD DISTRICT., PIN - 679506BY ADV NIREESH MATHEW
RESPONDENT/COMPLAINANT:
STATE OF KERALAREPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031BY ADV.P.G. MANU, SR. PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON30.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.G. AJITHKUMAR, J.
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B.A.No. 10534 of 2022
-------------------------------------------------------- Dated this the 30[th] day of December, 2022
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O R D E R
This is an application for bail filed under Section 439 ofthe Code of Criminal Procedure, 1973.
2. The petitioneris the 1[st] accused in Crime No.582of 2022 of Cherpulassery Police Station. He allegedly hadcommitted the offences punishable under Sections 323, 506and 308 r/w. Section 34 of the Indian Penal Code, 1860.
3. Heard the learned counsel for the petitioner andthe learned Senior Public Prosecutor.
4. The prosecution allegation is that, on 08.11.2022,at about 05.00 PM, while the candidates who contested theelection held at CCST College, Cherpulassry, were returningfrom the college and when they reached in front of a roadsituated in front of the college, the petitioner had tried toattack them, but the same was prevented by the timelyintervention of the de facto complainant. In order to wreckvengeance on the de facto complainant in relation to thatincident and also on earlier incident with regard to tying offlags, the petitioner along with the 2[nd] accused, in furtherance of their common intention to inflict injuries tothe de facto complainant attacked him. The petitioner usingan iron chain hit on the head of the de facto complainant andthe 2[nd] accused kicked and slapped the de facto complainant.Thus the petitioner along with the 2[nd] accused havecommitted the offences punishable under the above sections.
5. The petitionerwould contend that hedid notinvolve in the alleged crime and without any material orevidence, hehas been implicated in the crime. He isinnocent. The investigation in the matter has beenprogressed considerably and there is no reason orjustification for his further detention.
6. The learned Senior Public Prosecutor would submitthat considering the seriousness of the offence and thepossibility of interfering with the investigation by thepetitioner in the event of his release on bail, this petitiondeserves only to be dismissed.
7. The petitioner has been in judicial custody since22.12.2022. Having heard the learned counsel appearing forthe petitioner and the learned Senior Public Prosecutor, andconsidering the nature and gravity of the offences, furtherdetention of the petitioner is unnecessary. I am therefore of the view that the petitioner is entitled to be released on bail.
In the result, the bail application is allowed and thepetitioneris granted bail on his executing a bond forRs.50,000/- (Rupees fifty thousand only), with two solventsureties for the like amount each, to the satisfaction of thelearned Magistrate, subject to the following conditions:
(i) Heshall not influence or intimidate witnesses ortamper with evidence;
(ii) Heshall appear before the investigating officer as andwhen called for; and
(iii) During the bail period, heshall not get involved in anyoffence.
In case of breach of the bail conditions, theprosecution shall be at liberty to apply for cancellation ofthe bail before the jurisdictional court.
Sd/-
P.G. AJITHKUMARJUDGE