Allowed

Vishnu v. State of Kerala

Kerala HC21 Feb 2023Bail Appl./512/2023

Case brief

AI extract

What is this about?

Regular bail application by first accused in an attempt to murder case. Court allowed bail imposing stringent conditions including bond execution, sureties, witness protection, regular reporting to investigating officer, and prohibition on committing any other crime during bail.

What did the court decide?

Petitioner released on bail on bond of Rs.50,000 with two sureties on stringent conditions including prohibition of committing any other crime.

Vishnu Vs State of Kerala — Bail and Remand | Kerala HC (2023)

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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 A. BADHARUDEEN

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TUESDAY, THE 21^ST DAY OF FEBRUARY 2023 / 2ND PHALGUNA, 1944 BAIL APPL. NO. 512 OF 2023

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CRIME NO. 1957/2022 OF SASTHANCOTTAH POLICE STATION, KOLLAM

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PETITIONER/ACCUSED NO.1:

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VISHNU AGED 32 YEARS S/O VENUGOPAL NAIR, KOCHUTHUNDIL VEEDU, KUNNATHOOR P.O, KOLLAM DISTRICT, PIN - 690540

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BY ADVS. K.R.VINOD CHITHRA C.EDADAN M.S.LETHA NABIL KHADER

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RESPONDENT/COMPLAINANT:

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STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031

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OTHER PRESENT:

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SR PP SRI P G MANU

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL. NO. 512 OF 2023

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A. BADHARUDEEN, J.

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-------------------------------------------------

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B.A.No.512 of 2023

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------------------------------------------------- Dated this the 21^st day of February, 2023

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O R D E R

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This is an application for regular bail filed under

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Section 439 of the Code of Criminal Procedure, by the petitioner who is the first accused in Crime No.1957 of 2022 of Sasthamcotta Police Station, Kollam.

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Heard the learned counsel for the petitioner and also the learned Public Prosecutor.

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I have perused the Case Diary materials produced by the learned Public Prosecutor.

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The prosecution case is that, at 9.30 p.m. on 29.12.2022, accused Nos.1 and 2 wrongfully restrained the defacto complainant with intention to do away him, after sharing common intention to do so, due to previous animosity. Further allegation is that the second accused

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BAIL APPL. NO. 512 OF 2023

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beat and pushed down the defacto complainant and at this juncture, the first accused beat on the head and face of the defacto complainant by using a freewheel and the same caused very serious injuries to the defacto complainant, though he survived. On this premise, prosecution alleges commission of offences punishable under Sections 294(b), 323, 324, 326, 341 and 307 r/w 34 of the Indian Penal Code.

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It is submitted by the learned counsel for the petitioner that the petitioner is innocent. According to him, the allegations are false. It is submitted that the petitioner was arrested on 07.01.2023 and investigation has achieved substantial progress. He also pointed out the release of the second accused on bail by this Court as per order dated 16.02.2023 in B.A.No.1087 of 2023.

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While opposing bail, the learned Public

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Prosecutor would submit that the second accused was granted bail by this Court noticing his complicity on a

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BAIL APPL. NO. 512 OF 2023

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lesser compass and the specific allegation against the petitioner herein is that he had inflicted serious injuries warranting 28 stitches on his head and 19 stitches on his face. Therefore, premature release of the petitioner would adversely affect the investigation. The learned Public Prosecutor also pointed out his involvement in another crime during 2022 itself as per the Crime No.1372 of 2022 alleging commission of offences punishable under Sections 294(b), 323, 324, 308 r/w 34 of IPC.

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On perusal of the case diary, submission made by the learned Public Prosecutor appears to be convincing. It is to be noted that, as a result of attack at the instance of the petitioner and the first accused, two persons sustained injuries. The injured persons are Abhimanyu and Neeraj. In the wound certificate of Abhimanyu, three injuries noted. Similarly, in the wound certificate of Neeraj also, three injuries noted. Thus,

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BAIL APPL. NO. 512 OF 2023

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the prosecution case is well made out and the complicity

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of the petitioner herein is not on part with the 2^nd accused and the petitioner caused multiple injuries to the injured persons by using a freewheel.

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This is the second crime allegedly committed by

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the petitioner during the year 2022 itself involving offence under Section 308 of IPC where the former crime involves offence under Section 307 of IPC. The attitude

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of the petitioner in repeatedly involving in crimes is a matter of serious concern. However, in consideration of the progress of investigation and his custody from 07.01.2023, the petitioner can be enlarged on bail by imposing stringent conditions and one among the conditions is that he shall not involve or indulge any other crime during the currency of this bail and any such event, if reported or came to the notice of this court,

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the same by itself is a reason to cancel the bail hereby granted. Therefore, this petition stands allowed and the

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BAIL APPL. NO. 512 OF 2023

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petitioner is released on bail on the following conditions:

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i. The petitioner shall be released on bail on his executing bond for Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court concerned. ii. The petitioner shall not intimidate the witnesses or tamper with evidence. He shall co-operate with the investigation and shall be available for trial. iii. The petitioner shall appear before the Investigating Officer as and when directed and to appear before the investigating officer on every Wednesday in between 10.00 a.m and 01.00 p.m. for a period of six weeks. iv. The petitioner shall not, directly or

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BAIL APPL. NO. 512 OF 2023

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indirectly, make any inducement, threat or promise to any person acquainted with the facts of this case, so as to dissuade him from disclosing such facts to the court or to any police officer.

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v. The petitioner shall not involve or indulge in any other crime during the currency of bail and any such event, if reported or came to the notice of this court, the same by itself is a reason to cancel the bail hereby granted.

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Sd/- A. BADHARUDEEN, JUDGE

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BAIL APPL. NO. 512 OF 2023

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APPENDIX OF BAIL APPL. 512/2023

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PETITIONER'S ANNEXURES:

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ANNEXURE A1 THE COPY OF FIR IN CRIME NO. 1957/2022 OF SASTHANCOTTAH POLICE STATION, KOLLAM RURAL ANNEXURE A2 THE TRUE COPY OF THE ORDER IN C.M.P. NO.202/2023 IN CRIME NO.1957/2022 OF SASTHANCOTTAH POLICE STATION, KOLLAM RURAL OF THE JUDICIAL MAGISTRATE OF FIRST CLASS [TEMPORARY], SASTHAMKOTTAH DATED 11.01.2023

Vishnu v. State of Kerala

Case brief

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What did the court decide?

Vishnu v. State of Kerala

Case brief

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What did the court decide?

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