Allowed

Visakh, v. State of Kerala

Kerala HC6 Aug 2020Bail Appl./3906/2020

Case brief

AI extract

What is this about?

The Kerala High Court allowed multiple bail applications in a riot and murder case (Crime No.581/2020). Despite earlier dismissals and concerns regarding law and order, the Court ordered release on bail conditions, citing the pandemic and the long duration of custody given that investigation was complete.

What did the court decide?

Applications allowed; accused directed to be released on execution of bond for Rs.50,000 with two solvent sureties each and specific conditions regarding movement and conduct.

Visakh, Vs State of Kerala — Criminal Trial and Appeal | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE ASHOK MENON

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THURSDAY, THE 06TH DAY OF AUGUST 2020 / 15TH SRAVANA, 1942

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Bail Appl..No.3906 OF 2020

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CRIME NO.581/2020 OF KATTOOR POLICE STATION, THRISSUR

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PETITIONERS/ACCUSED NO.S 1 AND 2:

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1 VISAKH, AGED 20 YEARS, S/O.ANANDAN, PARAMBAN HOUSE, KARALAM DESOM, KARALAM VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT, THRISSUR,PIN-680711.

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2 VISHNU, S/O ANANDAN, PARAMBAN HOUSE, KARALAM DESOM, KARALAM VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT,PIN-680711.

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BY ADV. SRI.N.L.BITTO

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RESPONDENT:

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STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682 031. R1 BY ADDL.DIRECTOR GENERAL OF PROSECUTION

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OTHER PRESENT:

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SRI.C.K.SURESH – SR. PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06.08.2020, ALONG WITH Bail Appl..4209/2020, Bail Appl..4731/2020, Bail Appl..4750/2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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B.A.Nos.3906,4209, 4731 and 4750 of 2020

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE ASHOK MENON

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THURSDAY, THE 06TH DAY OF AUGUST 2020 / 15TH SRAVANA, 1942

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Bail Appl..No.4209 OF 2020

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CRIME NO.581/2020 OF KATTOOR POLICE STATION , THRISSUR

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PETITIONERS/ACCUSED NO.S 4 AND 5:

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1 VISHNU, AGED 25 YEARS, S/O.UNNIKRISHNAN, AYYERY HOUSE, KARALAM VILLAGE, KARALAM P.O., MUKUNDAPURAM TALUK, THRISSUR DISTRICT, PIN - 680 711. 2 VIVEK, AGED 24 YEARS, S/O.UNNIKRISHNAN, AYYERY HOUSE, KARALAM VILLAGE, KARALAM P.O., MUKUNDAPURAM TALUK, THRISSUR DISTRICT, PIN - 680 711. BY ADV. SRI.N.L.BITTO

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RESPONDENT:

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STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031.

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R1 BY ADDL.DIRECTOR GENERAL OF PROSECUTION OTHER PRESENT:

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SRI.C.K.SURESH – SR. PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06.08.2020, ALONG WITH Bail Appl..3906/2020, Bail Appl..4731/2020, Bail Appl..4750/2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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B.A.Nos.3906,4209, 4731 and 4750 of 2020

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE ASHOK MENON

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THURSDAY, THE 06TH DAY OF AUGUST 2020 / 15TH SRAVANA, 1942

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Bail Appl..No.4731 OF 2020

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CRIME NO.581/2020 OF KATTOOR POLICE STATION , THRISSUR

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PETITIONER/ACCUSED NO.7:

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MURUKESH, AGED 21 YEARS, POOPPULLY HOUSE, EDAKULAM, POOMANGALAM VILLAGE, MUKUNDAPURAM TALUK, THRISSUR. PIN - 680688

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BY ADV. SRI.M.ANIL KUMAR

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RESPONDENT:

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STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PIN – 682 031 R1 BY PUBLIC PROSECUTOR R1 BY ADDL.DIRECTOR GENERAL OF PROSECUTION

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OTHER PRESENT:

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SRI.C.K.SURESH – SR.PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06.08.2020, ALONG WITH Bail Appl..3906/2020, Bail Appl..4209/2020, Bail Appl..4750/2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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B.A.Nos.3906,4209, 4731 and 4750 of 2020

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE ASHOK MENON

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THURSDAY, THE 06TH DAY OF AUGUST 2020 / 15TH SRAVANA, 1942

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Bail Appl..No.4750 OF 2020

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CRIME NO.581/2020 OF KATTOOR POLICE STATION , THRISSUR

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PETITIONERS/ACCUSED NO.S 8 AND 9:

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1 AKHIL, AGED 22 YEARS, S/O.SURESH, ISWARAMANGALATH HOUSE, EDAKKULAM DESOM, POOMANGALAM VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT, PIN - 689672 2 AKHINESH, AGED 20 YEARS, S/O.SURESH, ISWARAMANGALATH HOUSE, EDAKKULAM DESOM, POOMANGALAM VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT, PIN – 689 672 BY ADV. SRI.N.L.BITTO

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RESPONDENT:

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STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN -682 031

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R1 BY PUBLIC PROSECUTOR

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OTHER PRESENT:

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SRI.C.K.SURESH – SR.PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06.08.2020, ALONG WITH Bail Appl..3906/2020, Bail Appl..4209/2020, Bail Appl..4731/2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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B.A.Nos.3906,4209, 4731 and 4750 of 2020

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COMMON ORDER

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Dated this the 06^th day of August, 2020

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APPLICATIONS FOR REGULAR BAIL UNDER SECTION 439 CR.P.C

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B.A.No. 3906 of 2020 is filed by accused 1 and 2.

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B.A.No. 4209 of 2020 is filed by accused 4 and 5. B.A.No.

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4731 of 2020 is filed by 7th accused and B.A.No. 4750 of
2020 is filed by accused 8 and 9 in Crime No.581 of 2020 of
Kattoor Police Station, Thrissur, for having allegedly
committed offences punishable under Sections 143, 144,
147, 148, 506(ii), 294(b), 341, 324 and 302 read with
Section 149 of the IPC. The prosecution case in brief is
thus:

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2.On 29.04.2020 at about 4.30PM, the applicants

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and the other co-accused, were all members of an unlawful
assembly, the common object of which, was to attack
defacto complainant and his friends Vishnu Vahid, Sumesh
Siva and Ashiq and in furtherance of common object of the
said unlawful assembly, they committed riot, armed with

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B.A.Nos.3906,4209, 4731 and 4750 of 2020

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deadly weapons like swords and sticks and hurled abuses at
them, wrongfully restrained them, intimidated them with
threat of death and attacked them. As a result of the attack,
Vishnu Vahid succumbed to the injuries he had sustained
and thereby, the applicants committed the offence as
alleged.

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3.The earlier applications for bail filed by A4, A5
and A7 were dismissed by this Court. The other applicants
are flng the application for bail for the first time. Thei
reason for dismissal of the earlier application was that the
3rd accused has criminal antecedents. A4 and 5 are his sons
and the other accused had all in furtherance of common
intention, formed an unlawful assembly, which is a gang and
attacked the member of the gang to which the defacto
complainant and his friends belonged.

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4.The learned public Prosecutor had pointed out
that, in case, the applicants are released on bail, there is
every possibility that further break down in law and order
situation in that area may arise and it is in consideration of

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B.A.Nos.3906,4209, 4731 and 4750 of 2020

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that, the earlier applications for bail were dismissed by this
Court. Most of the applicants except A3 are young. Some of
them do not even have criminal antecedents. Accused 1, 2,
4, 5 and 7 were arrested on 30.04.2020, while 8 and 9 were
arrested on 02.05.2020. Recovery is complete and the
investigation has been completed and the final report filed.
The applicants have been in custody for a fairly long time.
Since, there is still threat going on, and a possibility of
retaliation by the persons, who were injured and are the
friends of the deceased person, the learned Public
Prosecutor apprised his apprehension about a further break
down in law and order, in case, the applicants are released
on bail. I find that considering the present pandemic
situation, it is not advisable, to detain them for a period
longer than this. Regarding the possibility of a retaliation
by the other gang, certain conditions can be imposed.

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5.In the result, the applications are all allowed and
the applicants are directed to be released on bail on
execution of bond for Rs.50,000/-(Rupees Fifty thousand

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B.A.Nos.3906,4209, 4731 and 4750 of 2020

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only), each with two solvent sureties for the like amount
each to the satisfaction of the jurisdictional court and on
following further conditions:

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(i)They shall not enter the Police Station limits of
Kattoor Police Station, for a further period of one month,
except with the permission of the jurisdictional court on an
application being made in that regard.

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(ii)They shall not intimidate or influence witnesses
and tamper with evidence.

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(iii) They shall not get involved in any similar offences
during the currency of the bail period.

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In case of breach of any of the bail conditions, the
prosecution shall be at liberty to apply for cancellation of
the bail before the jurisdictional court.

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The bail applications are allowed.

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 Sd/-

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 ASHOK MENON
 JUDGE

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NR/06/08/20

Visakh, v. State of Kerala

Case brief

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Visakh, v. State of Kerala

Case brief

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