Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN WEDNESDAY, THE 29TH DAY OF MARCH 2023 / 8TH CHAITHRA, 1945 BAIL APPL. NO. 3206 OF 2022 PETITIONERS :- 1 SUBI @ SUBINKUMAR AGED 30 YEARS SUBI @ SUBINKUMAR S/O SUNIL KUMAR, AGED 30 YEARS, PATHRAKADAVIL HOUSE, AANAPPUZHA P.O KODUNGALLOOR , THRISSUR DISTRICT, PIN - 680667 2 ARUNDEV AGED 21 YEARS ARUNDEV S/O ANILKUMAR, AGED 21 YEARS, THUNDIPARAMBIL HOUSE, AANAPUZHA P.O KODUNGALLOOR, THRISSUR DISTRICT, PIN - 680667 BY ADV Adv.K.V.SABU RESPONDENT/STATE :- 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 THE STATION HOUSE OFFICER THE STATION HOUSE OFFICER, KODUNGALLOOR POLICE STATION, THRISSUR DISTRICT, PIN - 680669 SR PP P G MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ORDER
Dated, this the 29th day of March, 2023 This application for anticipatory bail has been filed by the first and second accused in Crime No.270 of 2022 of Kodungallur Police Station, Thrissur.
2. Heard the learned counsel for the petitioners and the learned Public Prosecutor in detail. Perused the relevant documents form part of the case diary made available by learned Public Prosecutor.
3. The prosecution allegation is that at about 23.15
hours on 06.03.2023 accused Nos.1 to 10 formed into an unlawful assembly with knowledge that all of them are members of the said assembly, armed with deadly weapon, assaulted Anandhu, Nikhil and Pranav at the compound of Sreekurumba Bhagavathi Temple in Aanapuzha during kavadiyattam programme was going on. The specific allegation is that first accused used a stone to beat on the head of the de facto complainant. When friends of the de facto complainant Shyam, Ullas, Suraj and Nikhil interfered to rescue the de facto complainant, the first accused assaulted them also by using the same stone. It is on this premise the prosecution alleges commission of offences punishable under Section 143, 147, 148, 323, 324 and 308 r/w 149 of IPC.
4. The learned counsel for the petitioners submitted
that the genesis of the occurrence is a scuffle that arose during kavadiattam programme at Sreekurumba Bhagavathi Temple and there was no intention for the accused to commit culpable homicide not amounting to murder, as alleged by the prosecution. It is further submitted that this crime was registered much earlier and the investigation has achieved much progress. It is also submitted that the petitioners are ready to co-operate with the investigation and they are ready to surrender before the Investigating Officer for the purpose of interrogation and recovery of the stone, alleged to be used by the first petitioner.
5. The learned Public Prosecutor given emphasis to
F.I.Statement as well as wound certificate showing injuries to Suraj, Pranav, Nikhil and Anandhu and based on the wound certificate, the injuries are minor in nature and none of the injuries are so serious.
6. Having noticed above, the petitioners are directed to
surrender before the Investigating Officer to subject themselves for interrogation and to aid the Investigating Officer to recover the stone allegedly used by the first petitioner. Directing so, the petitioners can be enlarged on anticipatory bail by imposing conditions :-
i. The petitioners shall surrender before the Investigating Officer within ten days from today and on such surrender, the Investigating Officer can question the petitioners and can recover the weapons, if any, at the instance of the first petitioner. In the event of arrest of the petitioners, the Investigating Officer shall produce the petitioners before the jurisdictional court on the date of arrest itself. ii. On such production, Jurisdictional Court shall release the petitioners on bail, on executing bond for Rs.30,000/- (Rupees Thirty thousand) each, by themselves and by two sureties, each for the like sum to the satisfaction of the Jurisdictional Court. iii. The petitioners shall co-operate with trial of the
case. iv. The petitioners, shall not, intimidate the witnesses or interfere with the trial in any manner. v. The petitioners shall not leave India without prior permission of the jurisdictional Court. vi. The petitioners shall not commit any offence during currency of this bail and any such involvement is a reason to cancel the bail hereby granted.
Sd/- A. BADHARUDEEN JUDGE SMA APPENDIX OF BAIL APPL. 3206/2022 PETITIONER ANNEXURES :- Annexure A1 THE TRUE COPY OF THE FIR IN CRIME NO.270 OF 2022 OF KODUNGALLOOR POLICE STATION, THRISSUR DISTRICT Annexure A2 THE TRUE COPY OF THE ORDER IN CRL.M.C 353 OF 2022 DATED 25.03.2022 IN THE COURT OF SESSIONS JUDGE, THRISSUR