Kerala High Court
Bail Appl./11223/2023 of KUTTAN @PRAJEESH, 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. 11223 OF 2023 CRIME NO.1367/2023 OF Mananthavady Police Station, Wayanad AGAINST THE JUDGMENT DATED 07.12.2023 IN Bail Appl. 10384/2023 OF HIGH
IN THE HIGH COURT OF KERALA AT ERNAKULAMPRESENT
THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMARFRIDAY, THE 29[TH] DAY OF DECEMBER 2023 / 8TH POUSHA, 1945BAIL APPL. NO. 11223 OF 2023
CRIME NO.1367/2023 OF Mananthavady Police Station, Wayanad AGAINST THE JUDGMENT DATED 07.12.2023 IN Bail Appl. 10384/2023 OFHIGH COURT OF KERALA
PETITIONERS/A2, A3, A4, A5 & A7
1KUTTAN @PRAJEESH,AGED 50 YEARSS/O PRABHAKARAN ,PRABHANILAYAM HOUSE VEMOM POST,MANANTHAVADT TALUK WAYANAD, PIN - 6706452SUNIL,AGED 50 YEARSS/O MUKUNDAN,CHEBATTA KUNNU HOUSE,ONDAYANGADY VEMOM .P.O,MANANTHAVADY.WAYANAD, PIN - 6706453SASI,AGED 52 YEARSS/O POKKAN,CHEBATTAKUNNU HOUSE,ONDAYANGADY,VEMOM, POST MANANTHAVADY,WAYANAD, PIN - 6706454SHINOJ,AGED 45 YEARSS/O MATHEW,PUTHUSSERYATH HOUSE,ONDAYANGADY,VEMOM POST ,MANANTHAVADY TALUK,WAYANAD, PIN - 6706455SUNIL KUMAR,AGED 48 YEARSS/O KUNJIRAMAN,CHAKKARAKANDY HOUSE,ONDAYANGADY,MANANTHAVADY POST ,WAYANAD, PIN - 670645BY ADVS.K.S.ARUN KUMARAMRUTHA K PAMRUTHA P SVIJAY SANKAR V.H.SRUTHY UNNIKRISHNANJERIN JOSEPHARYA B. VENUGOPALELDHO BABY
RESPONDENT:
STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031
SMT.T.V.NEEMA, SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON29.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
C.PRATHEEP KUMAR, J.
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Bail Application No.11223 OF 2023
------------------------------------------ Dated this the 29[th] day of December, 2023
ORDER
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This is an application for regular bail filed under Section 439 Cr.P.C by the persons 2 to 5 and 7 involved in Crime No.1367/2023 of Mananthavady PoliceStation. The offences alleged against the petitioners are under Sections 143, 341,323, 324, 506 and 308 r/w 149 of Indian Penal Code, 1860.
2. The Prosecution case is that on 28.10.2023 at about 5 P.M, the accused persons seven (7) in numbers due to previous enmity formed themselves into anunlawful assembly armed with dangerous weapons at Edappady, Vemom Amsom,wrongfully restrained the defacto complainant and beat him with hands, sodabottle and stones and thereby he sustained injuries.
3. According to the learned counsel for the accused persons, this is a false case foisted against them and also that they areinnocent.
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4. On the other hand, the learned Public Prosecutor opposed the bailapplication. Further, according to her, as per the report filed by the IO, there is nocriminal antecedence against the petitioners. However, in the order dated07.12.2023, in B.A.No.10384/2023, it is mentioned that as against the 7[th] accused,there is criminal antecedents. The learned Public Prosecutor could not give thedetails of any such case against the 7[th] accused.
5. The petitioners are in custody since 11.12.2023. As per the report ofthe IO, there is no criminal antecedents against the petitioners. In the abovecircumstance, I am inclined to allow this application, subject to the followingconditions :- The petitioners are in custody since 11.12.2023. As per the report of
(i) The petitioners are released on bail on executing bond forRs.50,000/- (fifty thousand only) each with two solvent suretiesfor the like sum to the satisfaction of the Court below.
(ii) The petitioners shall report before the Investigating Officeron every Tuesday between 10.00 am and 11.00 am till the finalreport is filed or till the end of January, 2024, whichever isearlier.
SAS
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(iii) The petitioners shall co-operate with the investigation. Theyshall not intimidate or influence the witnesses or tamper withthe evidence.
Sd/-
C.Pratheep Kumar
Judge
APPENDIX OF BAIL APPL. 11223/2023
PETITIONER ANNEXURESAnnexure I
Annexure II
Annexure III
A TRUE COPY OF THE FIR DATED 28-10-23 IN CRIMENO;1367/2023 OF MANANTHAVADY POLICE STATIONA TRUE COPY OF THE ORDER DATED 13-12-23 IN CMPNO;4783/2023
A TRUE COPY OF THE ORDER DATED 07-12-2023 IN BAIL APPL.10384/2023 BEFORE HIGH COURT OF KERALA
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