Praveenkumar vs. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR

MONDAY, THE 17TH DAY OF JUNE 2019 / 27TH JYAISHTA, 1941

Bail Appl..No.4180 of 2019

CRIME NO.338/2019 OF PARASSALA POLICE STATION , THIRUVANANTHAPURAM

PETITIONERS/ACCUSED NOS.1 TO 7 AND 9:

• 1 PRAVEENKUMAR, AGED 48 YEARS, S/O.SUBRAMANYAN, KANCHANAM, KADAVILA, KARUMANOOR, PARASALA P.O., THIRUVANANTHAPURAM.
• 2 ANIL.G., AGED 40 YEARS, S/O.GOPALAN, NEDUVALIPLAVILA, INCHIVILA, PARASALA P.O., THIRUVANANTHAPURAM.
• 3 KUMAR@JAYAN, AGED 40 YEARS, S/O.GOPALAN, NEDUVALIPLAVILA, INCHIVILA, PARASALA P.O., THIRUVANANTHAPURAM.
• 4 T.MAHESH, AGED 48 YEARS, S/O.THERAVIYAN PILLAI, VALANVILAPUTHEN VEEDU, INCHIVILA, PARASALA P.O., THIRUVANANTHAPURAM.
• 5 ANEESH CHANDRAN @ UNNI, AGED 33 YEARS, S/O.RAMACHANDRAN, VAZHOTTUVILA VEEDU, MURIYANKARA, PARASALA P.O., THIRUVANANTHAPURAM.
• 6 SANTHOSH KUMAR @ CHINCHU, AGED 35 YEARS, S/O.PATHROSE, PUTHUVAL PUTHEN VEEDU, MURIYANKARA, PARASALA P.O., THIRUVANANTHAPURAM.
• 7 SURESH KUMAR, AGED 37 YEARS, S/O.THYAGASWAMY, NADUTHOTTAM PUTHEN VEEDU, INCHIVILA, PARASALA P.O., THIRUVANANTHAPURAM.

8 SHIJU, AGED 30 YEARS, S/O.THANKAYYAN, NADUTHOTTAM VEEDU, INCHIVILA, PARASALA P.O., THIRUVANANTHAPURAM.

BY ADV. SRI.LATHEESH SEBASTIAN

RESPONDENTS/STATE & COMPLAINANT:

• 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM- 682031.
• 2 STATION HOUSE OFFICER, PARASALA POLICE STATION, THIRUVANANTHAPURAM DISTRICT- 695502.

SRI.C.K.SURESH , PUBLIC PROSECUTOR

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17.06.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER

The petitioners are the accused in Crime No.338/2019 of Parasala Police Station registered for the offences punishable under Sections 143, 147, 148, 149, 294(b), 307, 323, 324 and 341 read with Section 149 IPC and Section 27 of the Arms Act.

2. The petitioners have filed this application under Section 438 Cr.P.C.

3. Heard.

4. The learned Public Prosecutor has submitted that the petitioner Nos.1 to 3 used weapons to inflict injuries including grievous hurt on the injured. Four persons sustained injuries in the incident. It has been submitted by the learned Public Prosecutor that the petitioner Nos.4 to 8 are not involved in any other offence of similar nature. The

learned Public Prosecutor has further submitted that petitioner Nos.4 to 8 did not use any weapon to inflict injuries on the injured. In the said circumstances, no recovery is to be effected from petitioner Nos.4 to 8. That apart, petitioner Nos.4 to 8 have no criminal antecedent. In the said circumstances, an order under Section 438 Cr.PC in favour of petitioner Nos.4 to 8 will be justified. However, petitioner Nos.1 to 3 used weapons to inflict grievous hurt on the injured. Recovery has to be effected. In the said circumstances, the custodial interrogation of petitioner Nos.1 to 3 is necessary for the progress of the investigation of the case. In the said circumstances, an order under Section 438 Cr.PC in favour of petitioner Nos.1 to 3 will not be justified.

5. In the result, this application stands dismissed as

regards petitioner Nos.1 to 3 and allowed as regards petitioner Nos.4 to 8 and the respondents are directed to release petitioner Nos.4 to 8 on bail in the event of their arrest in the above said crime, on condition of each of petitioner Nos.4 to 8 executing a bond for Rs.40,000/- (Rupees Forty Thousand only) each, with two solvent sureties each, each for the like sum to satisfaction of the 2nd respondent, before whom the petitioner Nos.4 to 8 shall surrender within ten days, if not arrested in the meantime and subject to the following further conditions:-

I. The petitioner Nos.4 to 8 shall report before the Investigating Officer on every Tuesday between 9 a.m. and 11 a.m. for three months and thereafter, as and when required by the Investigating Officer for interrogation.

II. The petitioner Nos.4 to 8 shall not

intimidate or influence the witnesses or in any way tamper with the investigation.

III. The petitioner Nos.4 to 8 shall not get involved in any other offence during the pendency of this case.

The petitioner Nos.1 to 3 are directed to surrender before the Investigating Officer within ten days.

Sd/- B.SUDHEENDRA KUMAR JUDGE

bng/17.06.19