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Kuttan @Prajeesh vs State Of Kerala

High Court Of Kerala · Decided on 29 December 2023 · Citation: (2023) 12 KL CK 0254

HON’BLE JUDGES
C.Pratheep Kumar, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 143, 149, 308, 323, 324, 341, 506
RESULT
Allowed
CASE NUMBER
Bail Application No.11223 Of 2023
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Judgment

9 paragraphs · 332 words

C.Pratheep Kumar, J

1.

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 Police Station. 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 an unlawful assembly armed with dangerous weapons at Edappady, Vemom Amsom, wrongfully restrained the defacto complainant and beat him with hands, soda bottle 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 are innocent.

4.

On the other hand, the learned Public Prosecutor opposed the bail application. Further, according to her, as per the report filed by the IO, there is no criminal antecedence against the petitioners. However, in the order dated 07.12.2023, in B.A.No.10384/2023, it is mentioned that as against the 7th accused, there is criminal antecedents. The learned Public Prosecutor could not give the details of any such case against the 7th accused.

5.

The petitioners are in custody since 11.12.2023. As per the report of the IO, there is no criminal antecedents against the petitioners. In the above circumstance, I am inclined to allow this application, subject to the following conditions :-

(i) The petitioners are released on bail on executing bond for Rs.50,000/- (fifty thousand only) each with two solvent sureties for the like sum to the satisfaction of the Court below.

(ii) The petitioners shall report before the Investigating Officer on every Tuesday between 10.00 am and 11.00 am till the final report is filed or till the end of January, 2024, whichever is earlier.

(iii) The petitioners shall co-operate with the investigation. They shall not intimidate or influence the witnesses or tamper with the evidence.