Allowed

Manjesh v. State of Kerala

Kerala HC10 Feb 2023Bail Appl./735/2023

Case brief

AI extract

What is this about?

This bail application allowed a petitioner accused of assault and attempted murder with criminal antecedents. The court enlarged him on bail subject to on-duty reporting, passport surrender, and a strict prohibition against repeats.

What did the court decide?

Petitioner enlarged on bail with bond of Rs.50,000 and sureties on conditions including on-duty reporting and prohibition of further offences.

Manjesh 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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FRIDAY, THE 10^TH DAY OF FEBRUARY 2023 / 21ST MAGHA, 1944

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BAIL APPL. NO. 735 OF 2023

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CRIME NO.1061/2022 OF PARIPPALLY POLICE STATION, KOLLAM

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PETITIONER/ACCUSED NO.1:

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MANJESH S/O. MOHANAN, AGED 32 YEARS, RESIDING AT KIZHAKKEVILA VEEDU, NEAR KOTTAKKERAM, PARIPPALLY VILLAGE, KOLLAM DISTRICT, PIN - 691574 BY ADV S.M.ALTHAF

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RESPONDENT/COMPLAINANT:

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STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 BY ADV PUBLIC PROSECUTOR SMT.NEEMA T.V., SR.PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

B.A.No. 735 of 2023

ORDER

Dated this the 10^th day of February, 2023

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This is a petition filed under Section 439 of the Code of Criminal Procedure, by the 1^st accused in Crime No. 1061/2022 of Parippally Police Station.

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Heard the learned counsel for the petitioner as well as the learned Public Prosecutor. Perused the case diary and the materials placed by the learned Public Prosecutor.

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The prosecution allegation is that, at 9.45 pm on 28.11.2022, the accused herein assaulted and manhandled the defacto complainant and his friend Maneesh, with intention to murder them. The specific allegation is that, the 1^st accused beat on the head of the defacto complainant by using an interlock brick and the other accused persons also used interlock brick to beat the defacto complainant and his friend, and thereby, both of them sustained very serious injuries, though fatality did not occur. Accordingly, the prosecution alleges commission of offences punishable under Sections 341, 294(b), 323, 324, 306, 506(1), 307 read with 34 of IPC, by the accused.

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B.A.No. 735 of 2023

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It is submitted by the learned counsel for the petitioner that, the petitioner is innocent. According to him, the petitioner was arrested on 30.11.2022 and the investigation has achieved much progress. Therefore, the petitioner is liable to be released on bail.

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While opposing bail, the learned Public Prosecutor vehemently submitted that the petitioner is a person having criminal antecedents and he has no respect to law. Therefore, he is not liable to be released on bail at this state. If so, he would repeat similar crimes.

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On perusal of the case diary, the complicity of the petitioner in the matter of beating the defacto complainant Mr. Vinod and Maneesh could be gathered not only from the statements of the witnesses but from the wound certificates placed, which would show multiple head injuries, as submitted by the learned Public Prosecutor.

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The learned Public Prosecutor further submitted that, the petitioner is having involvement in the following crimes:

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Cr.No.264/2012 U/s 451, 323, 294(b), 353 IPC.

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Wo. 728/2012 U/s 143, 341, 323, 149 IPC

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B.A.No. 735 of 2023

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Cr.No.2267/2017 U/s 294(b), 394, 34 IPC.

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Cr.No. 176/2015 U/s 341, 323, 506(i), 34 IPC

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Cr.No. 897/2021 U/s 452, 341, 323, 324, 308, 325

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IPC

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761/17 U/Sec 110 of CrPC.

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Though the investigation has achieved much progress, the tendency of the petitioner in repeating crimes is noted with extreme displeasure. However, taking note of the fact that, the petitioner has been in custody from 30.11.2022 and the progress of investigation, the petitioner can be enlarged on bail on conditions and one among the condition is that, the petitioner shall not involve similar offence during the currency of bail hereby granted and any such event, if repo rted, or cam e to the notice of this court, the same by itself shall be a reason to cancel the bail hereby granted.

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Therefore, this petition stands allowed. The petitioner is enlarged on bail on 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

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B.A.No. 735 of 2023

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the satisfaction of the Jurisdictional court concerned.

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ii. The petitioner shall not intimidate the witnesses

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or tamper with evidence. He shall co-operate with the investigation and shall be available for trial.

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iii. The petitioner shall appear before the Investigating Officer as and when directed, apart from appearing before the Investigating Officer on all Mondays between 9 am and 10 am, for a period of two months.

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iv. The petitioner shall not, directly or 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 surrender his passport before the Jurisdictional Court on the date of execution of the bail bond or within ten days therefrom, with special permission of the Jurisdictional Court. If the petitioner has no passport, he shall file an affidavit to that effect, instead of surrendering passport.

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vi. The petitioner shall not involve in any other

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B.A.No. 735 of 2023

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offence during the currency of bail and any such event, if rep orted, or cam e to the notice of this court, the same shall

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be a reason to cancel the bail hereby granted.

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Violation of conditions herein above imposed, will

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warrant cancellation of bail.

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Sd/-

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A. BADHARUDEEN JUDGE

Manjesh v. State of Kerala

Case brief

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Manjesh v. State of Kerala

Case brief

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What did the court decide?

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