Kerala High Court
Bail Appl./10561/2022 of PRAVEEN P 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.10561 OF 2022 CRIME NO.387/2022 OF KANAKAKUNNU POLICE STATION, ALAPPUZHA PETITIONER/1ST ACCUSED: PRAVEEN P AGED 35 YEARS, S/O. PRASANNA KUMARA
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.10561 OF 2022
CRIME NO.387/2022 OF KANAKAKUNNU POLICE STATION, ALAPPUZHA
PETITIONER/1ST ACCUSED:
PRAVEEN PAGED 35 YEARS, S/O. PRASANNA KUMARA KURUP, PRASAD BHAVANAM, CHINGOLI, HARIPPAD, ALAPPUZHA, PIN - 690532BY ADVS.K.B.ARUNKUMARPOOJA K.S.
RESPONDENTS:
1STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
2STATION HOUSE OFFICERKANAKAKKUNNU POLICE STATION, ALAPPUZHA DISTRICT., PIN - 690531
BY ADVSRI.P.G. MANU - SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 30.12.2022, THE COURT ON THE SAME DAY DELIVERED THEFOLLOWING:
P.G. AJITHKUMAR, J. ------------------------------- B.A.No.10561 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. Thepetitioneris the 1[st]accused in CrimeNo.387/2022 of Kanakakkunnu Police Station, Alappuzha. Heallegedly had committed the offences punishable underSections 294 (b), 506 (i), 326, 308 r/w Section 34 of theIndian Penal Code, 1860.
3. Heard the learned counsel for the petitioner and thelearned Public Prosecutor.
4. The prosecution allegation is that on 10.11.2022 at8.15 pm, on the road in front of the house of the defactocomplainant, at Muthukulam Vadakku Muri in MuthukulamVillage, the petitioner, in furtherance of common intention ofhim and the other accused, abused one Baiju, who is amember of the Grama Panchayat and beat on his hands and B.A.No.10561 of 2022
legs using an iron rod, causing severe injuries including afracture. Hence, the accused are alleged to have committedthe offences mentioned above.
5. The petitionerwould contend that hedid not involvein the alleged crime and without any material or evidence, hehas been implicated in the crime. He is innocent. Theinvestigation in the matter has been progressed considerablyand there is no reason or justification for his furtherdetention.
6. The learned Public Prosecutor would submit thatconsidering the seriousness of the offence and the possibilityof interfering with the investigation by the petitioner in theevent of his release on bail, this petition deserve only to bedismissed.
7. Having heard the learned counsel appearing for thepetitioner and the learned Public Prosecutor, and consideringthe nature and gravity of the offence, further detention of thepetitioner is unnecessary. I am therefore of the view that thepetitioner is entitled to be released on bail.
In the result, the bail application is allowed and thepetitioneris granted bail on him executing a bond for B.A.No.10561 of 2022
Rs.50,000/- (Rupees fifty thousand only), with two solvent sureties for the like amount each, to the satisfaction of thelearned Magistrate, subject to the following conditions:
(i) Heshall not influence or intimidate
witnesses or tamper with evidence;
(ii) Heshall appear before the investigating officer as and when called for; and
(iii) During the bail period, heshall not get involved in any offence.
In case of breach of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail beforethe jurisdictional court.
Sd/-
P.G. AJITHKUMAR, JUDGE