Kerala High Court
Bail Appl./11093/2023 of HARI V M Vs STATE OF KERALA on 29 December 2023
COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR FRIDAY, THE 29TH DAY OF DECEMBER 2023 / 8TH POUSHA, 1945 BAIL APPL. NO. 11093 OF 2023 CRIME NO.2875/2023 OF Ernakulam North Police Station, Ernakulam PETITIONER/1ST ACCUSED : HARI V M, AGED 29 YEARS, SON OF MUTHU,
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR
FRIDAY, THE 29[TH] DAY OF DECEMBER 2023 / 8TH POUSHA, 1945
BAIL APPL. NO. 11093 OF 2023
CRIME NO.2875/2023 OF Ernakulam North Police Station, ErnakulamPETITIONER/1ST ACCUSED :
HARI V M, AGED 29 YEARS,SON OF MUTHU, VALUNKAL PARAMBU HOUSE,NORTH PLANTHURUTHY LANE, KATHRIKKADAVU,ELAMKULAM VILLAGE, ERNAKULAM DISTRICT – 682031.
BY ADVS.V.JOHN MANIVARGHESE SABUSETHULAKSHMI K.K.MEERA RAJANABHIRAMI C. UNNIVISHAL NAIR.A.
-RESPONDENTS/COMPLAINANTS STATE
STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM.BY ADV.T.V.NEEMA SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON29.12.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
C.PRATHEEP KUMAR, J.
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Bail Application No.11093 of 2023
------------------------------------------ Dated this the 29[th] day of December, 2023
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ORDER
1. This is an application for regular bail filed under Section 439 Cr.P.C by the 1[st]accused involved in Crime No.2875 of 2023 of the Ernakulam Town NorthPolice Station. The offences alleged against the petitioner are under Sections341, 323, 324, 326, 308, 294(b) r/w 34 of Indian Penal Code (IPC).accused involved in Crime No.2875 of 2023 of the Ernakulam Town NorthPolice Station. The offences alleged against the petitioner are under Sections341, 323, 324, 326, 308, 294(b) r/w 34 of Indian Penal Code (IPC).
2. The Prosecution case is that on 19.11.2023, the petitioner, along with otheraccused persons, with a common intention to manhandle the de factocomplainant, wrongfully restrained and assaulted him using granite stone aswell as a helmet, resulting in a fracture to the nasal bone. The accused has beenin custody since 20.11.2023.accused persons, with a common intention to manhandle the de factocomplainant, wrongfully restrained and assaulted him using granite stone aswell as a helmet, resulting in a fracture to the nasal bone. The accused has beenin custody since 20.11.2023.
3. According to the learned counsel for the petitioner, this is a false case foistedagainst him and also that he isinnocent.against him and also that he isinnocent.
4. On the other hand, the learned Public Prosecutor opposed the application .
BAIL APPL. NO. 11093 OF 2023
5. The respondent filed a statement to the effect that there is one more caseagainst the petitioner namely Crime No.646/2018 of the ET North Policeagainst the petitioner namely Crime No.646/2018 of the ET North Police Station under Sections 143, 147, 294(b), 341, 149, 506 of the IPC.
6. Considering the fact that the petitioner is in custody since 20.11.2023 and theonly other case against him is not serious in nature, I am inclined to allow thisapplication, subject to the following conditions :-only other case against him is not serious in nature, I am inclined to allow thisapplication, subject to the following conditions :-
(i) The petitioner is released on bail on executing bond forRs.50,000/- (fifty thousand only) with two solvent sureties for thelike sum to the satisfaction of the Court below.
(ii) The petitioner shall report before the Investigating Officer onevery Tuesday between 10.00 am and 11.00 am till the finalreport is filed or till the end of January, 2024, whichever isearlier.
(iii) The petitioner shall co-operate with the investigation. Heshall not intimidate or influence the witnesses or tamper with theevidence.
Sd/- C.Pratheep Kumar
Judge
APPENDIX OF BAIL APPL. 11093/2023
PETITIONER ANNEXURES
ANNEXURE A1
TRUE COPY OF FIR IN CRIME NO. 2875/2023 OF ERNAKULLAM TOWN NORTH POLICE STATION
ANNEXURE A2A TRUE COPY OF THE JUDGMENT IN CMP NO 3531 OF2023 DATED 24-11-2023 BY HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT, ERNAKULAM
ANNEXURE A3
TRUE COPY OF THE JUDGMENT IN CRL MC 3433/2023DATED 01-12-2023 BY HON'BLE COURT OF SESSIONS, ERNAKULAM DIVISION