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Anujith Alias Jithu., vs State of Kerala,

Anujith Alias Jithu., vs State of Kerala,

Type Court Judgment Court Kerala Decided Jan 31, 2024
~3 min read
https://sooperkanoon.com/case/1285962

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
Bail Appl./342/2024
Subject
Criminal

Case Summary

AI-generated summary - not the official court judgment text.

Criminal

Key legal issue
Criminal

Parties & Advocates

Appellant / Petitioner

Anujith Alias Jithu.,

Respondent

State of Kerala,

Excerpt

.....438 of the code of criminal procedure, 1973 filed by the 1 st accused in crime no.1690 of 2023 of medical college police station, thiruvananthapuram, registered under sections 294(b), 323, 324 506, 308 r/w section 34 of indian penal code.2. the prosecution allegation is that, on 10.12.2023, at about 11.00 pm, the petitioner along with five other accused persons, trespassed into the house of the de facto complainant, and called ..3..her out and all of them physically assaulted her and her husband using sharp objects and inflicted thirteen wounds on the body of her husband, and the injury caused by the iron rod even pierced into the lungs of her husband. when the de facto complainant intervened, she was also beaten up and stabbed by the accused persons.3. heard learned counsel for the petitioner and learned public prosecutor.4. learned public prosecutor vehemently opposed the bailapplication, drawing attention of this court to the number and nature of injuries caused by the accused, on the body of the husband of the de facto complainant .5. learned counsel for the petitioner would submit that, the petitioner is a 19 year old student doing his b.a. english course at iqbal college, thiruvananthapuram, and he has no criminal antecedents.6. going through the allegations against the petitioner, and ..4..other accused, and the number and nature of injuries inflicted on the de facto complainant and her husband with sharp weapons, that too piercing upto his lungs, this is not a fit case to release the petitioner on anticipatory bail.7. petitioner is directed to surrender before the investigatingofficer on or before 07.02.2024, and in that event, he has to be produced before the jurisdictional magistrate on the date of arrest itself. with these directions, above bail application stands disposed of. sd/- sophy thomas judge rmv

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MRS. JUSTICE SOPHY THOMAS WEDNESDAY, THE 31ST DAY OF JANUARY 2024 / 11TH MAGHA, 1945 BAIL APPL. NO. 342 OF 2024 CRIME NO.1690/2023 OF Medical College Police Station, Thiruvananthapuram

PETITIONER: ANUJITH ALIAS JITHU., AGED 19 YEARS S/O.BAIJU.S, BAIJU BHAVAN, CHENNILODE, KUMARAPURAM, MEDICAL COLLEGE.P.O, THIRUVANANTHAPURAM, PIN - 695011 BY ADVS. V.R.REKESH UNNIKRISHNAN R. RESPONDENT: STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI, PIN - 682031 OTHER PRESENT: PP-SRI.PRASANTH M.P THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ..2..

SOPHY THOMAS, J.

===================== ========================

ORDER

Dated this the 31st day of January, 2024 This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 filed by the 1 st accused in Crime No.1690 of 2023 of Medical College Police Station, Thiruvananthapuram, registered under Sections 294(b), 323, 324 506, 308 r/w Section 34 of Indian Penal Code.

2. The prosecution allegation is that, on 10.12.2023, at about 11.00 pm, the petitioner along with five other accused persons, trespassed into the house of the de facto complainant, and called ..3..

her out and all of them physically assaulted her and her husband using sharp objects and inflicted thirteen wounds on the body of her husband, and the injury caused by the iron rod even pierced into the lungs of her husband. When the de facto complainant intervened, she was also beaten up and stabbed by the accused persons.

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

4. Learned Public Prosecutor vehemently opposed the bail

application, drawing attention of this Court to the number and nature of injuries caused by the accused, on the body of the husband of the de facto complainant .

5. Learned counsel for the petitioner would submit that, the petitioner is a 19 year old student doing his B.A. English course at Iqbal College, Thiruvananthapuram, and he has no criminal antecedents.

6. Going through the allegations against the petitioner, and ..4..

other accused, and the number and nature of injuries inflicted on the de facto complainant and her husband with sharp weapons, that too piercing upto his lungs, this is not a fit case to release the petitioner on anticipatory bail.

7. Petitioner is directed to surrender before the Investigating

Officer on or before 07.02.2024, and in that event, he has to be produced before the jurisdictional Magistrate on the date of arrest itself. With these directions, above bail application stands disposed of. Sd/- SOPHY THOMAS JUDGE RMV

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