Sadhirthyan @ Thankachan and Others vs State of Kerala

Thomas P. Joseph, J.—Petitioners are accused nos. 1 to 5, 7 (name of the 7th accused is mentioned in the application as ''Kunjumon'' but the learned Public Prosecutor says that his name is ''Kannan''), 10 to 16 and 18 in Crime No. 960 of 2013 of the Nedumkandam Police station for the offences punishable under Secs. 143, 147, 148, 323, 324, 325, 326 and 427 read with Sec. 149 of the Indian Penal Code, are in custody from 29.10.2013 and pray for bail. Learned Public Prosecutor has submitted that the petitioners and others formed unlawful assembly armed with deadly weapons on 15.09.2013 at about 5.30 p.m., attacked the defacto complainant, his mother and brother, voluntarily caused hurt/grievous hurt and committed mischief. It is submitted that the 3rd accused is involved in Crime No. 19 of 2012 of the same Police station for the offences punishable under Secs. 376 and 366A read with Sec. 34 of the IPC and Sec. 23 of the Juvenile Justice (Care and Protection) Act. Accused Nos. 10 and 11 are involved in Crime No. 343 of 2013 of the same Police station for the offences under Secs. 143, 147, 148, 324, 307 and 427 read with Sec. 149 of the IPC. It also submitted that since the defacto complainant belongs to the Scheduled Caste, offence under the SC/ST (Prevention of Atrocities) Act is also involved and appropriate report to that effect will be filed by the investigating officer. It is submitted that the investigation of the case is not completed.

Learned counsel submits that the 5th accused who belongs to the Ezhava community married daughter of the 1st accused and on 15.09.2009, the defacto complainant and others trespassed into the house of the 1st accused and committed mischief. A case was registered only later as Crime No. 964 of 2013 for the offences under Secs. 143, 147, 148, 323, 324 and 341 read with Sec. 149 of the IPC. On 19.05.2013, there was a birth day party in the house of the 1st accused when the defacto complainant and others attacked the 1st accused and others. It is also submitted that marriage of the 11th accused is scheduled to be held recently.

Having regard to the nature of offences alleged against the petitioners, that the accused Nos. 3, 10 and 11 are involved in other serious offences and as investigation of the case is not completed, request for bail for these accused cannot be allowed.

If the presence of the 11th accused is necessary at his residence in connection with the marriage, Superintendent of the Jail concerned shall make necessary arrangements to take him to the place of marriage at the relevant time with Police escort for which the Superintendent of Jail shall make a request to the local Police, and if any such request is made, the local Police shall comply with the request treating it as an order passed by this Court. It is made clear that it is open to these accused to move application for bail at a later stage after the investigation has progressed.

With the above directions this application is dismissed.