SIBIN RAVEENDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein has been arrayed as the 3 rd accused among the seven accused in the instant Crime No.1140/2019 of Aranmula Police Station, which has been registered for offences punishable under Secs.143, 147, 452, 294(b), 323, 324, 326, 427 and 354 read with Sec.149 of the Indian Penal Code, on the basis of the FI Statement given by the de facto complainant on 10.09.2019 at about 8p.m., in respect of the alleged incidents which happened on the same day (10.09.2019) at 3.30 p.m.

(2.) The prosecution case in short is that initially, A-2 had wanted to purchase certain commodities from the provision store of the Karamveli Co-operative Society Ltd. at the place in question and the sales were closed on 10.09.2019 afternoon and since the sales were closed for that day, the society personnel informed him that no more sales will be conducted on that day and A-2 got enraged of that and then, he had brought for accused Nos.1 to 4 as well as two other identified persons and they had come to the premise of the Karamveli Co-operative Society Ltd. at about 3.30 p.m. on the same day and that the accused persons had serious altercations with the staff of the society and A-1 had assaulted on the nose of the de facto complainant with a helmet and had caused fracture on his nasal bone and A-2 had assaulted the de facto complainant with stick and that A-3 and A4 had assaulted the de facto complainant with hand and had thrown stone towards the society and the accused persons had caused loss to the society by damaging chairs, vegetables and grocery items. That A-1 to A-4 had assaulted the President and Ward Member of the society and pulled down the ladies staff and thereby outraged their modesty and that hence, the prosecution has stated that the accused persons have committed the abovesaid offences. Petitioner herein A-3 has been arrested in this case on 11.09.2019 and after he is remanded under judicial custody since then.

(3.) Learned counsel for the petitioner would point out that the above said allegations are false and baseless and further that the petitioner has already suffered detention for the last 54 days and that he may be granted regular bail subject to stringent conditions, as his continued detention may not be necessary, etc. Further it is pointed out that, the investigation has not so far been completed in this case and it is highly unlikely that the investigating agency would file the final report/charge sheet in this case within 60 days from the date of remand of the petitioner and since the said time deadline will be reached within about 6 days or so, petitioner is even otherwise entitle for to be released on regular bail on account of such contingencies. Further it is pointed out that the, 33.20 petitioner herein (A3) has been implicated as accused in Crime No.855/2019 of Aranmula Police Station for offence as per Section 302 of the IPC, for which he has already been granted regular bail. Further it is also seen the petitioner has been arrayed as accused in Crime No.758/2019 of Aranmula Police Station for offences punishable as per Sections 452 and 324 of the IPC and that he has secured bail in that case as well.