Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.BHAVADASAN TUESDAY, THE26H DAY OF NOVEMBER20135TH AGRAHAYANA, 1935 Bail Appl..No. 7836 of 2013 ------------------------------- CRIME NO. 1570/2013 OF SAKTHIKULANGARA POLICE STATION , KOLLAM ...... PETITIONER/ACCUSED NO.1: -------------------------------------------- SANALKUMAR.S., AGED18YEARS, S/O.SATHYANESAN NAIR, KANICHERRY VADAKKATHIL, RAMANKULANGARA, KAVANADU, KOLLAM. BY ADVS.SRI.K.SHAJ SRI.SAJJU.S RESPONDENT/COMPLAINANT: ----------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.
2. SUB INSPECTOR OF POLICE, SAKTHIKULANGARA POLICE STATION, KOLLAM - 681 006. R1 & R2 BY PUBLIC PROSECUTOR SMT. P.MAYA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON2611-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss P.BHAVADASAN, J.
- - - - - - - - - - - - - - - - - - - - - - - - B.A. No.7836 of 2013 - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of November, 2013 ORDER
The petitioner is the first accused in Crime No. 1570 of 2013 of Sakthikulangara Police Station who is alleged to have committed the offences punishable under Sections 143, 147, 148, 294(b), 323, 324, 354, 427, 452 and 506(ii) read with Section 149 of IPC and Section 27 of the Arms Act.
2. The allegation against the petitioner and the co- accused is that on 08.11.2013 at about 2.30 p.m., they trespassed into the house of the defacto complainant armed with deadly weapons and mounted an attack on them. They also attacked the inmates of the house and destroyed articles in the house.
3. The petitioner would say that he is innocent and has been falsely implicated with ulterior motive and he has not committed any act which would constitute an offence. He says that the allegations against him are totally false. B.A. No.7836/2013 -2- 4. The learned Public prosecutor opposed the petition and pointed out that the main allegation is against the first accused and he is attributed to the overt act. Further, the investigation is at an infant stage.
5. After having heard the learned counsel for the petitioner and the learned Public Prosecutor and having perused the records, the claim of the petitioner that he is totally innocent cannot be accepted. As rightly pointed out by the learned Public Prosecutor that definite overt acts are attributed to the petitioner and he is alleged to have carried a sword which is a dangerous weapon. Considering the nature of allegations against the petitioner, the manner in which the offece was committed, injuries caused to the victim, considerable damages to the various articles in the house and also the fact that the investigation is at an infant stage preclude this Court from exercising its extraordinary jurisdiction in favour of the petitioner. B.A. No.7836/2013 -3- The petition is accordingly dismissed. However, if so advised, the petitioner may surrender before the Investigating Officer on or before 03.12.2013, who after interrogation, shall produce him before the JFCM Court concerned. If the petitioner moves an application for bail before the said court, the learned Magistrate shall consider and pass appropriate orders thereon in accordance with law, preferably on the date of surrender itself. P.BHAVADASAN JUDGE ds