Swajith vs State of Kerala

Type Court Judgment Court Kerala Orders Decided May 14, 2024

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Citation: sooperkanoon.com/1319461
Court: Kerala Orders High Court
Judge: Honourable Mr.Justice Mohammed Nias C.P.
Decided On: May 14, 2024
Case Number: Bail Appl./2555/2024

Parties & Advocates

Appellant / Petitioner

Swajith

Respondent

State of Kerala

Excerpt

.....registered for offences under sections 341, 323, 326 and 34 of the indian penal code, the 1 st accused has filed this petition.2. the prosecution allegation is that on 06.08.2023 atabout 5.30 p.m., the accused persons wrongfully restrained the defacto complainant and beat him on his face with a steel bangle and caused injuries and thereby, the accused committed the offences.3. the learned counsel appearing for the petitioner and the learned public prosecutor were heard.4. earlier application was rejected by order dated13.02.2023 in b.a. no.10258/2023 finding that the petitioner is not entitled to get anticipatory bail. however, the petitioner was granted two weeks to surrender at the request of the learned counsel who was then appearing. disregarding the same, a second application is filed on 23.03.2024 through another counsel. taking note of the fact that the earlier application was rejected and liberty granted to surrender, which was also disregarded, i do not find any reason to entertain this application as there is hardly any change in circumstances. there is no merit at all in this application, the same would stand dismissed. sd/- mohammed nias c.p. judge skp/14-05 appendix of bail appl. 2555/2024 petitioner’s annexures: annexure a1 the true copy of the fir in crime no.581/2023 of vellikulangara police station, thrissur district annexure a2 the true copy of the o.p ticket no.50274 dated 08.08.2023 of the petitioner issued from community health center, mattatoor annexure a3 the true copy of the o.p ticket no.65.754 dated 08.08.2023 of the petitioner issued from taluk headquarters hospital, chalakkudy annexure a4 the true copy of the o.p sheets dated 10.08.2023 of the petitioner issued from taluk headquarters hospital, chalakkudy annexure a5 the true copy of the order dated 03.11.2023 in crl.mc no.1570/2023 by the sessions court, thrissur annexure a6 the true copy of the order dated 13.12.2023 in ba no.10258/2023 of this hon'ble court.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. TUESDAY, THE 14TH DAY OF MAY 2024 / 24TH VAISAKHA, 1946 BAIL APPL. NO. 2555 OF 2024 CRIME NO.581/2023 OF VELLIKULANGARA POLICE STATION, THRISSUR PETITIONER(S)/ACCUSED NO.1: 1 SWAJITH AGED 20 YEARS S/O RAJEEV, MADAYATH HOUSE, KUTTICHIRA VILLAGE, DESOM & POST, CHALAKKUDY TALUK, THRISSUR DISTRICT, PIN - 680724 BY ADVS. MANU RAMACHANDRAN M.KIRANLAL R.RAJESH (VARKALA) T.S.SARATH SAMEER M NAIR SAILAKSHMI MENON JOTHISHA K.A. SHIFANA M. RESPONDENT(S)/STATE & I.O.: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2 THE STATION HOUSE OFFICER VELLIKULANGARA POLICE STATION, THRISSUR DISTRICT, PIN - 680684 BY ADV.SANGEETH RAJ, SR. PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
MOHAMMED NIAS C.P., J.
Dated this the 14th day of May, 2024

ORDER

This is the second bail application filed by the petitioner apprehending arrest in Crime No.581 of 2023 of Vellikulangara Police Station, Thrissur registered for offences under Sections 341, 323, 326 and 34 of the Indian Penal Code, the 1 st accused has filed this petition.

2. The prosecution allegation is that on 06.08.2023 at

about 5.30 p.m., the accused persons wrongfully restrained the defacto complainant and beat him on his face with a steel bangle and caused injuries and thereby, the accused committed the offences.

3. The learned counsel appearing for the petitioner and the learned Public Prosecutor were heard.

4. Earlier application was rejected by order dated

13.02.2023 in B.A. No.10258/2023 finding that the petitioner is not entitled to get anticipatory bail. However, the petitioner was granted two weeks to surrender at the request of the learned counsel who was then appearing. Disregarding the same, a second application is filed on 23.03.2024 through another counsel. Taking note of the fact that the earlier application was rejected and liberty granted to surrender, which was also disregarded, I do not find any reason to entertain this application as there is hardly any change in circumstances. There is no merit at all in this application, the same would stand dismissed. Sd/- MOHAMMED NIAS C.P. JUDGE SKP/14-05 APPENDIX OF BAIL APPL. 2555/2024 PETITIONER’S ANNEXURES: ANNEXURE A1 THE TRUE COPY OF THE FIR IN CRIME NO.581/2023 OF VELLIKULANGARA POLICE STATION, THRISSUR DISTRICT ANNEXURE A2 THE TRUE COPY OF THE O.P TICKET NO.50274 DATED 08.08.2023 OF THE PETITIONER ISSUED FROM COMMUNITY HEALTH CENTER, MATTATOOR ANNEXURE A3 THE TRUE COPY OF THE O.P TICKET NO.65.754 DATED 08.08.2023 OF THE PETITIONER ISSUED FROM TALUK HEADQUARTERS HOSPITAL, CHALAKKUDY ANNEXURE A4 THE TRUE COPY OF THE O.P SHEETS DATED 10.08.2023 OF THE PETITIONER ISSUED FROM TALUK HEADQUARTERS HOSPITAL, CHALAKKUDY ANNEXURE A5 THE TRUE COPY OF THE ORDER DATED 03.11.2023 IN CRL.MC NO.1570/2023 BY THE SESSIONS COURT, THRISSUR ANNEXURE A6 THE TRUE COPY OF THE ORDER DATED 13.12.2023 IN BA NO.10258/2023 OF THIS HON'BLE COURT RESPONDENTS' ANNEXURES:NIL TRUE COPY P.A. TO JUDGE

Same Court & Year Kerala Orders · 2024 Same Parties Swajith vs State of Kerala Same Judge Honourable Mr.Justice Mohammed Nias C.P.