Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS FRIDAY, THE 30TH DAY OF JUNE 2023 / 9TH ASHADHA, 1945 BAIL APPL. NO. 4909 OF 2023 CRIME NO.819/2023 OF KADAKKAL POLICE STATION, KOLLAM PETITIONERS/ACCUSED 1 TO 3: 1 SABU AGED 39 YEARS, S/O SASI, SABU VILASOM, KEERIPURAM, KADAKAL, 2 THULASI @ KUTTAN AGED 42 YEARS, S/O KOCHUCHERUKKAN, MANICHI BHAVAN, PALONAM, KADAKAL, 3 SHARON AGED 43 YEARS S/O MURALEEDHARAN PILLAI, CHARUVILA PUTHEN VEEDU, ATTUPURAM, KADAKAL, KOLLAM DISTRICT, PIN - 691536 BY ADVS. K.V.ANIL KUMAR SWAPNA VIJAYAN RADHIKA S.ANIL RESPONDENT/COMPLAINANT: STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 BY ADV.SMT.V.SREEJA, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: B.A.No.4909/2023 2
BECHU KURIAN THOMAS, J.
B.A.No.4909 of 2023 Dated this the 30th day of June, 2023
ORDER
This application is filed under Section 438 of the Code of Criminal Procedure, 1973, seeking pre-arrest bail.
2. Petitioners are accused 1 to 3 in Crime No.819 of 2023
of Kadakkal Police Station, Kollam, alleging offences punishable under Sections 341, 294(b), 506, 323 and 324 read with Section 34 of the Indian Penal Code, 1860.
3. According to the prosecution, when the defacto
complainant questioned the accused for consuming alcohol in front of his house and abusing him, the accused had with intent to inflict serious injuries on him, on 05.05.2023, abused him and brutally assaulted the defacto complainant with a wooden stick on his face and thereafter, hit him with a reaper and also kicked him and inflicting severe injuries and the accused thus committed the offences alleged.
4. Sri.K.V.Anil Kumar, learned counsel for the petitioners, contended that the prosecution allegations are false and the B.A.No.4909/2023 3 incident as alleged had not occurred. It was further pointed out that though the incident is alleged to have occurred on 05.05.2023, the FIR was registered only on 10.05.2023 and therefore, the prosecution case itself is false.
5. Smt.V.Sreeja, learned Public Prosecutor, opposed the application and submitted that subsequent to the registration of the crime, the offence under Section 326 IPC has also been added since
medical examination revealed that the defacto complainant sustained a fracture. It was also pointed out that the accused had assaulted the defacto complainant since he questioned the conduct of the accused in consuming alcohol in front of his house.
6. I have heard the rival contentions.
7. Petitioners are alleged to have assaulted the defacto
complainant using a wooden stick and a reaper. The defacto complainant sustained several injuries including a fracture of the mandible. This is evident from the wound certificate dated 06.05.2023 which is the next day itself. The wound certificate also refers to the history of assault by named persons therein. Considering the aforesaid circumstances, I am of the view that mere delay in registering the FIR cannot, at this juncture, enure any benefit to the petitioners.
B.A.No.4909/2023 4
8. Considering the nature of allegations and also the nature
of injuries sustained by the defacto complainant, I am of the view that this is not a fit case where petitioners could be protected with an order of anticipatory bail.
9. However, if the petitioners surrender before the Investigating Officer on or before 07.07.2023, they shall be
subjected to interrogation and thereafter, in the event of their arrest, they shall be produced before the jurisdictional Magistrate. Further in the event of any application for bail being filed by the petitioners, the same shall be considered by the learned Magistrate in accordance with law without delay. Bail Application is dismissed as above. Sd/- BECHU KURIAN THOMAS JUDGE csl