Allowed

Anandhu Prasannan v. State of Kerala

Kerala HC3 Mar 2023Bail Appl./987/2023

Case brief

AI extract

What is this about?

The Court granted regular bail to the petitioner, a repeat offender with a rowdy history, convicted of assault and attempt to culpable homicide not amounting to murder, subject to stringent conditions including security and periodic reporting to the IO.

What did the court decide?

Petitioner released on bail on bond of Rs. 50,000 with two sureties and stringent conditions including reporting to Investigating Officer.

Anandhu Prasannan 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 3^RD DAY OF MARCH 2023 / 12TH PHALGUNA, 1944

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BAIL APPL. NO. 987 OF 2023

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FIR 2491/2022 OF JUDICIAL MAGISTRATE OF FIRST CLASS, CHANGANACHERRY CRIME NO.2491 OF 2022 OF CHINGAVANAM POLICE STATION, KOTTAYAM

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PETITIONER/ACCUSED NO.1:

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ANANDHU PRASANNAN AGED 25 YEARS, OCC:-KSEB CONTRACT WORK, S/O. PRASANNAN, ATHIRA BHAVAN- HOUSE, POOVENTHURUTH KARA, PANACHIKKADU, POOVENTHURUTH-POST, KOTTAYAM-DISTRICT, PIN – 686 012.

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BY ADVS. BIJU ANTONY ALOOR K.P.PRASANTH VISHNU DILEEP T.S.KRISHNENDU ARCHANA SURESH JINSON JACOB

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RESPONDENTS/COMPLAINANT:

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1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN – 682031.

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2 STATION HOUSE OFFICER CHINGAVANAM POLICE STATION, KOTTAYAM DISTRICT, PIN – 686531. T V NEEMA(SENIOR PUBLIC PROSECUTOR)

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THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17.02.2023, THE COURT ON 03.03.2023 DELIVERED THE FOLLOWING:

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B.A.No.987 of 2023

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A.BADHARUDEEN, J.

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B.A.No.987 of 2023

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Dated this the 3^rd day of March, 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.2491 of

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2022 of Chingavanam Police Station, Kottayam.

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

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I have perused the relevant materials

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forming part of the case diary produced by the learned

Public Prosecutor.

B.A.No.987 of 2023

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The prosecution case is that, at about 10.00 p.m. on 08.12.2022, the accused herein

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wrongfully restrained the defacto complainant, while he was travelling in a car bearing Registration No.KL-14-D-

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4647 driven by the second witness in this crime by following him in another car bearing Registration No.KL05-AZ-3758 near Divankavala at ManippuzhaKaduvakkulam road due to animosity arose out of an occurrence whereby, the first accused deviated from the contract work of KSEB office, which was entrusted to be done by the defacto complainant. Thereafter, the accused herein abused the defacto complainant and caused mental pain. The further allegation is that the first accused forcefully brought out the defacto complainant from his car and beat on his head by using an iron pipe. The allegation as against the second accused is that he

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B.A.No.987 of 2023

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also assaulted the defacto complainant by using a granite stone, while attempting to commit culpable homicide not amounting to murder. On this premise, the prosecution alleges commission of offences punishable under Sections 294(b), 323, 324, 308, 506(i) and 212 r/w 34 of the Indian Penal Code.

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While pressing for grant of regular bail to

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the petitioner, who has been in custody from 13.12.2022 onwards, the learned counsel for the petitioner pointed out the prolonged custody of the petitioner as well as the progress of investigation are grounds to grant regular bail.

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Whereas the learned Public Prosecutor zealously opposed bail, on the submission that, the petitioner is a habitual offender and the allegations are very serious. He also pointed out that the petitioner is

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B.A.No.987 of 2023

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having criminal antecedents and he has involvement in four crimes as listed hereunder:

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a. Cr.2751/18 U/s.324, 323, 34 IPC of Chingavanam P.S.

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b. Cr.2129/21 U/s.511, 436, 427, 34 IPC, 9(B)(b) of Explosive Act of Kottayam East P.S.

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c. Cr.2491/22 U/s.294(b), 323, 324, 308, 506(i), 34 IPC of Chingavanam P.S

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d. Cr.2511/22 U/s.330, 342, 348, 363, 365, 294(b), 406(i), 34 IPC of Chingavanam P.S.

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It is submitted that the petitioner is a

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person with rowdy history and his name is involved in the Rowdy History sheet opened against him on 03.03.2022 at Kottayam East Police Station and security proceedings under Section 107 of Cr.P.C. is also initiated against him from Kottayam East Police Station. Further

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B.A.No.987 of 2023

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Section 3 of KAAPA report also is under preparation. On these grounds, the learned Public Prosecutor zealously opposed bail.

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On perusal of the case diary along with the report of the Investigating Officer, the allegations are very serious. It is relevant to note that the first accused/the petitioner herein is the prime accused in this crime and the animosity in between the defacto complainant and the first accused led to commission of the crime, as could be seen from the prosecution records prima facie. The history of the petitioner would go to show that he has involvement in very serious offences and this is the third crime committed by him during 2022 itself and fifth crime throughout.

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In the wound certificate of the defacto complainant, multiple injuries, as a result of the overt

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B.A.No.987 of 2023

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acts at the instance of the accused, could be gathered justifying the prosecution allegation that the accused herein brutally manhandled the defacto complainant with intention to commit culpable homicide not amounting to murder. However, taking note of his custody from 13.12.2022 and the progress of investigation, he can be enlarged on bail on conditions and one among the conditions is that the petitioner shall not involve in any other offence during the currency of bail and any such event, if reported or came to the notice of this court, the same alone shall be a reason to cancel the bail hereby granted. Since the petitioner is a person having rowdy history and is under the process of KAAPA, his release shall be subject to orders under the KAAPA.

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Accordingly, this bail application stands allowed and he is released on bail on the following conditions:

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B.A.No.987 of 2023

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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.

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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.

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iii. The petitioner shall appear before the Investigating Officer as and when directed. He shall meet the Investigating Officer on all Mondays in between 10.00 a.m. and 12 noon without fail, for a period of six weeks.

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iv. The petitioner shall not, directly or indirectly,

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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, if

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B.A.No.987 of 2023

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any, within 7 days from the date of his release, before the jurisdictional court. If he has no passport, he shall file an affidavit in this regard on the date of execution of the bond or within 3 days thereafter.

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vi. The petitioner shall not involve in any other offence during the currency of bail and any such event, if reported or came to the notice of this court, the same alone shall be a reason to cancel the bail hereby granted.

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Sd/-

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A.BADHARUDEEN, JUDGE

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B.A.No.987 of 2023

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APPENDIX OF BAIL APPL. 987/2023

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PETITIONER'S ANNEXURES

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Annexure1 TRUE COPY OF FIR DATED 09/12/2022. Annexure2 TRUE COPY OF THE ORDER IN CRL.MP NO.97/2023. Annexure3 TRUE COPY OF THE ORDER IN CRL.M.P NO.225/2023 DATED 27/01/2023. Annexure4 TRUE COPY OF THE ORDER IN WPC NO.20961/2022 DATED 25/07/2022.

Anandhu Prasannan v. State of Kerala

Case brief

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Anandhu Prasannan v. State of Kerala

Case brief

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