Bipin vs State of Kerala

BIPIN vs State of Kerala

Type Court Judgment Court Kerala Decided Jan 13, 2023

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https://sooperkanoon.com/case/1330644

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Citation: sooperkanoon.com/1330644
Court: Kerala High Court
Judge: Honourable Mr.Justice Viju Abraham
Decided On: Jan 13, 2023
Case Number: Bail Appl./181/2023

Parties & Advocates

Appellant / Petitioner

BIPIN

Respondent

State of Kerala

Excerpt

.....punishable under sections 143, 147, 148, 294(b), 323, 323& 308 r/w s.149 of ipc.3. the prosecution allegation is that, on25.12.2022 at 11.00 pm, identifiable 15 accused persons, in furtherance of their common intention and enmity towards the defacto complainant assembled together and thereafter used abusive words against the defacto complainant and one among them assaulted with a freewheel causing injury. if the defacto complainant had not warded off the blow with his hand, serious injuries would have been caused to him, which would have lead to his death, thereby the b.a. no. 181 of 2023 3 accused committed the above said offences. it is also alleged that other accused also assaulted with the said weapon and broken glass pieces causing injuries to the friends of the defacto complainant.4. petitioners submit that they are in custodyfrom 2.1.2023 onwards, and further submitted that in fact the defacto complainant was in a drunken stage and has serious criminal antecedents also and he attacked accused nos.1 and 2 causing injuries and there occurred an altercation and thereafter a false case has been registered against the petitioners. the case if any against the petitioners only on a mistaken identity.5. heard the learned counsel for the petitioners and the learned public prosecutor.6. learned public prosecutor opposed theapplication for bail, mainly contending that the defacto complainant was attacked with a freewheel and the specific allegation against the petitioners herein is that they were also present along with other accused and attacked the defacto complainant. b.a. no. 181 of 2023 4 learned public prosecutor further submitted that the accused attacked the defacto complainant with deadly weapons including freewheel and he sustained serious injuries in the alleged incident. learned public prosecutor further submits that the petitioners have no other criminal antecedents. considering the facts and circumstances of the case and the nature of the.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM FRIDAY, THE 13TH DAY OF JANUARY 2023 / 23RD POUSHA, 1944 BAIL APPL. NO. 181 OF 2023 PETITIONERS/ACCUSED NOS.4 & 5: 1 BIPIN AGED 23 YEARS,S/O BALAKRISHNAN, BIPIN BHAVANAM, SOORANAD SOUTH VILLAGE, KUNNATHOOR THALUK, KOLLAM DISTRICT, PIN - 690522 2 ABHISHEK AGED 21 YEARS,S/O BABU, HAPPY NIVAS, THRIKKUNNAPPUZHA SOUTH MURI, SOORANAD SOUTH VILLAGE, KUNNATHOOR THALUK, KOLLAM DISTRICT, PIN - 690522 BY ADV P.V.DILEEP RESPONDENTS/COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 2 THE STATION HOUSE OFFICER SOORANAD POLICE STATION, SOORANAD P.O, KOLLAM DISTRICT, PIN - 690522 OTHER PRESENT: PP: M.C.ASHI THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: B.A. No. 181 of 2023 2

VIJU ABRAHAM, J.

------------------------ B.A. No. 181 of 2023 ------------------------------ Dated this the 13th day of January, 2023

ORDER

This is an application for regular bail.

2. Petitioners are accused Nos.4 & 5 in Crime No.1697 of 2022 of Sooranad Police Station, Kollam District registered alleging commission of offences punishable under Sections 143, 147, 148, 294(b), 323, 323& 308 r/w S.149 of IPC.

3. The prosecution allegation is that, on

25.12.2022 at 11.00 pm, identifiable 15 accused persons, in furtherance of their common intention and enmity towards the defacto complainant assembled together and thereafter used abusive words against the defacto complainant and one among them assaulted with a freewheel causing injury. If the defacto complainant had not warded off the blow with his hand, serious injuries would have been caused to him, which would have lead to his death, thereby the B.A. No. 181 of 2023 3 accused committed the above said offences. It is also alleged that other accused also assaulted with the said weapon and broken glass pieces causing injuries to the friends of the defacto complainant.

4. Petitioners submit that they are in custody

from 2.1.2023 onwards, and further submitted that in fact the defacto complainant was in a drunken stage and has serious criminal antecedents also and he attacked accused Nos.1 and 2 causing injuries and there occurred an altercation and thereafter a false case has been registered against the petitioners. The case if any against the petitioners only on a mistaken identity.

5. Heard the learned counsel for the petitioners and the learned Public Prosecutor.

6. Learned Public Prosecutor opposed the

application for bail, mainly contending that the defacto complainant was attacked with a freewheel and the specific allegation against the petitioners herein is that they were also present along with other accused and attacked the defacto complainant. B.A. No. 181 of 2023 4 Learned Public Prosecutor further submitted that the accused attacked the defacto complainant with deadly weapons including freewheel and he sustained serious injuries in the alleged incident. Learned Public Prosecutor further submits that the petitioners have no other criminal antecedents. Considering the facts and circumstances of the case and the nature of the allegations, and that the petitioners are in custody from 02.01.2023 onwards, I am inclined to grant bail to the petitioners, but on stringent conditions. In the result, the bail application is allowed. It is directed that the petitioners shall be released on bail, subject to the following conditions:

(i) The petitioners shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court;

(ii) Petitioners shall appear before the investigating officer in Crime No.1697 of 2022 of Sooranad Police Station on every Saturday at 11 am, until filing of final report; B.A. No. 181 of 2023 5

(iii) The petitioners shall not attempt to interfere with the investigation or to influence any witness in the above said crime;

(iv) The petitioners shall not involve in any other crime while on bail. If any of the aforesaid conditions are violated,

the investigating officer in Crime No.1697 of 2022 of Sooranad Police Station may file an application before the jurisdictional court, for cancellation of bail. Sd/- VIJU ABRAHAM, JUDGE pm

Same Court & Year Kerala · 2023 Same Parties BIPIN vs State of Kerala Same Judge Honourable Mr.Justice Viju Abraham