Full Judgment
B.A.No.5485/23 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. MONDAY, THE 31ST DAY OF JULY 2023 / 9TH SRAVANA, 1945 BAIL APPL. NO. 5485 OF 2023 AGAINST THE ORDER/JUDGMENTCRMC 1208/2023 OF DISTRICT COURT & SESSIONS COURT,THALASSERY PETITIONER/ACCUSED NO.1: RANIL K., AGED 29 YEARS, CHALIL HOUSE, PULOOPPI, P.O. KANNADIPPARMBA, CHELERI, KANNUR DISTRICT, PIN - 670 604. BY ADV C.K.SREEJITH RESPONDENT/COMPLAINANT: STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682 031. SRI.C.S.HRITHWIK - SR.PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: B.A.No.5485/23 2
ORDER
The petitioner is the 1st accused in Crime No.495 of 2023 of Mayyil Police Station. The offences alleged against the petitioner are under Sections 143, 147, 148, 341, 323, 324, 452, 427 r/w 149 IPC.
2. The prosecution case is that, on 11.06.2023 at 9 PM,
the petitioner along with six others, in furtherance of their common object of causing hurt to the de facto complainant, formed themselves into an unlawful assembly, trespassed into the house of the de facto complainant, holding dangerous weapons like wooden stick, glass piece etc. and the 1 st accused stabbed the relative of the de facto complainant with a glass piece and also assaulted the paternal uncle of the de facto complainant. The de facto complainant was also assaulted. The crime was registered in such circumstances and as the petitioner apprehends arrest in connection with the investigation of the crime, this application for anticipatory bail is submitted.
3. Heard Sri.Sreejith C.K, learned counsel for the petitioner and Sri.C.S.Hrithwik, learned Public Prosecutor for the State.
4. The learned counsel for the petitioner submits that the
B.A.No.5485/23 3 petitioner is innocent of all the allegations. On the other hand, the learned Public Prosecutor would oppose the said prayer by pointing out that there are specific overt acts alleged against the petitioner. Besides the same, the petitioner is a person who is involved in 14 other cases. Details of the said cases are as follows:
1) Crime No.118/13 U/s.143, 147, 148, 341, 326, 308 r/w 149 IPC of Mayyil Police Station. 2) Crime No.631/13 U/s.143, 147, 148, 341, 323, 324, 506(ii) r/w 149 IPC of Mayyil Police Station. 3) Crime No.1008/14 u/s.143, 147, 148, 427 r/w 149 IPC of Mayyil Police Station. 4) Crime No.1007/14 U/s.143, 147, 148, 427, 457, 380 r/ w.149 IPC of Mayyil Police Station. 5) Crime No.1335/16 U/s.143, 147, 148, 341, 323 r/w.149 IPC of of Mayyil Police Station. 6) Crime No.428/16 U/s.110(e) Cr.P.C of Mayyil Police 7) Crime No.383/16 U/s.143, 147, 148, 341, 323, 324, 308 r/w.149 IPC of Mayyil Police Station. 8) Crime No.18/2017 U/s.107 Cr.P.C of Mayyil Police 9) Crime No.873/18 U/s.365, 395 r/w 34 IPC of Kannur Town Police Station. 10) Crime No.514/20 U/s.341, 323, 324, 326 r/w.34 IPC of Mayyil Police Station. 11) Crime No.641/20 U/s.143, 147, 148, 341, 323, 324 r/ w.149 IPC of Mayyil Police Station.
B.A.No.5485/23 4 12) Crime No.1521/22 U/s.118 (a) of KP Act of Mayyil Police Station. 13) Crime No.109/23 U/s.151 Cr.P.C of Mayyil Police 14) Crime No.283/14 U/s.427, 448 IPC of Mayyil Police Dismissal of the application is sought in such circumstances.
5. I have gone through the records. From the materials placed on record, it is discernible that specific allegations are
raised against the petitioner. Petitioner is also having criminal antecedents and from the details of such cases, it can be seen that the offences in those cases are serious in nature. Therefore, I do not find this as a fit case in which anticipatory bail can be granted to the petitioner. The petitioner has to cooperate with the investigation. In such circumstances, this application is disposed of directing the petitioner to surrender before the Investigating Officer, within a period of two weeks from today. In the result, this application is disposed of with the following directions:-
(i) The petitioner shall surrender before the Investigation officer, within a period of two weeks from the date of the order, for subjecting himself for interrogation;
(ii) Upon such surrender and after interrogation, if any,
the petitioner shall be produced by the investigation officer, before the Judicial First Class Magistrate having jurisdiction, on the very same day of surrender B.A.No.5485/23 5 itself, to enable the petitioner to seek bail;
(iii) The Judicial First Class Magistrate, upon
production of the accused and filing of application for bail, may consider the bail application in accordance with law, and if possible, dispose of the same, on the very same day of filing of the said application.
The Bail Application is disposed of with the above directions. Sd/- ZIYAD RAHMAN A.A. JUDGE DG B.A.No.5485/23 6 APPENDIX OF BAIL APPL. 5485/2023 PETITIONER ANNEXURES Annexure A1 THE TRUE COPY OF THE ORDER IN CRL.M.C. NO. 1208/2023 ON THE FILE OF COURT OF SESSION, THALASSERY DT. 30/6/2023 Annexure A2 THE TRUE COPY OF THE WOUND CERTIFICATE BY THE DISTRICT HOSPITAL, KANNUR DT.