Renjith vs State of Kerala

Type Court Judgment Court Kerala Orders Decided Aug 03, 2023

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Citation: sooperkanoon.com/1374448
Court: Kerala Orders High Court
Judge: Honourable Mr.Justice Ziyad Rahman a.a.
Decided On: Aug 03, 2023
Case Number: Bail Appl./5795/2023

Parties & Advocates

Appellant / Petitioner

Renjith

Respondent

State of Kerala

Excerpt

.....petitioner and the other accused are punishable under sections 294(b), 323, 324, 308, 506 read with section 34 of the indian penal code.3. the prosecution case is that, on 04.06.2023, at about 8.45p.m, due to the previous animosity towards the defacto complainant, 1st and 2nd accused abused the defacto complainant using filthy language, threatened him and slapped him on his cheek. thereafter, the 2nd accused assaulted him with an iron pipe, but as the defacto complainant evaded the said attack, it was hit on his shoulder. it is also alleged that the 1st accused, took out a knife from his pocket and stabbed on the abdomen of the victim. the crime was registered in such circumstances and as the petitioner apprehends arrest in connection with the investigation of the said case, this application for anticipatory bail is submitted.4. heard, smt.k.g bindu, the learned counsel appearing for the petitioner and c.s hrithwik, the learned public prosecutor, appearing for the state.5. i have gone through the records. from the fis and other connected documents it can be seen that, specific overt acts are alleged against the petitioner. the petitioner allegedly stabbed thevictim by using a knife on the abdomen. besides the same, the learned public prosecutor also submitted that, the petitioner was involved in 13 other cases and the details of the same are as follows. “1. cr.498/10 u/s 341, 323, 324, 326, 427, 34 ipc2. cr.1046/10 us 341, 323, 324, 427 ipc3. cr.1644/10 u/s 143, 147, 148, 452, 324, 427, 149 ipc4. cr. 298/11 us 143, 147, 323, 326, 149 ipc5. cr.939/11 u/s 143, 147, 148, 341, 323, 324, 452, 427, 149 ipc6. cr.940/11 u/s 143, 147, 148, 452, 294(b), 324, 427, 149 v ipc7. cr.1063/11 u/s 143, 147, 148, 153, 506(ii), 294(b), 427, 149 ipc & 27 of arms act8. cr.1071/11 u/s 397, 395 ipc & 27 of arms act9. cr.982/14 u/s 294(b), 323, 324, 325, 308, 34 ipc10. cr. 306/15 u/s 143, 147, 148, 323, 324, 447, 294(b), 427, 149 ipc11. cr.3528/16 u/s 420, 34 ipc12. cr......

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. THURSDAY, THE 3RD DAY OF AUGUST 2023 / 12TH SRAVANA, 1945 BAIL APPL. NO. 5795 OF 2023 Crime No. 901/2023 of Chavara Police Station PETITIONER/ACCUSED: RENJITH AGED 32 YEARS S/O RAVI, RESIDING AT KADAVIL VEEDU, KOVILTHOTTAM, CHAVARA P.O. KOLLAM., PIN - 690524 BY ADVS. K.G.BINDU T.S.MAYA (THIYADIL) RESPONDENT/STATE AND COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 THE STATION HOUSE OFFICER CHAVARA POLICE STATION, KOLLAM DISTRICT,, PIN - 691583 BY ADV GOVERNMENT PLEADER OTHER PRESENT: SRI.C.S.HRITHIK-SR.PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ORDER

This is an application filed under Section 438 of the Code of Criminal Procedure seeking anticipatory bail.

2. The petitioner is the 1st accused in Crime No. 901/2023 of

Chavara Police Station. The offences alleged against the petitioner and the other accused are punishable under Sections 294(b), 323, 324, 308, 506 read with Section 34 of the Indian Penal Code.

3. The prosecution case is that, on 04.06.2023, at about 8.45

p.m, due to the previous animosity towards the defacto complainant, 1st and 2nd accused abused the defacto complainant using filthy language, threatened him and slapped him on his cheek. Thereafter, the 2nd accused assaulted him with an iron pipe, but as the defacto complainant evaded the said attack, it was hit on his shoulder. It is also alleged that the 1st accused, took out a knife from his pocket and stabbed on the abdomen of the victim. The crime was registered in such circumstances and as the petitioner apprehends arrest in connection with the investigation of the said case, this application for anticipatory bail is submitted.

4. Heard, Smt.K.G Bindu, the learned counsel appearing for the petitioner and C.S Hrithwik, the learned Public Prosecutor, appearing for the State.

5. I have gone through the records. From the FIS and other connected documents it can be seen that, specific overt acts are alleged against the petitioner. The petitioner allegedly stabbed the

victim by using a knife on the abdomen. Besides the same, the learned Public Prosecutor also submitted that, the petitioner was involved in 13 other cases and the details of the same are as follows. “1. Cr.498/10 U/s 341, 323, 324, 326, 427, 34 IPC

2. Cr.1046/10 Us 341, 323, 324, 427 IPC

3. Cr.1644/10 U/s 143, 147, 148, 452, 324, 427, 149 IPC

4. Cr. 298/11 Us 143, 147, 323, 326, 149 IPC

5. Cr.939/11 U/s 143, 147, 148, 341, 323, 324, 452, 427, 149 IPC

6. Cr.940/11 U/s 143, 147, 148, 452, 294(b), 324, 427, 149 v IPC

7. Cr.1063/11 U/s 143, 147, 148, 153, 506(ii), 294(b), 427, 149 IPC & 27 of Arms Act

8. Cr.1071/11 U/s 397, 395 IPC & 27 of Arms Act

9. Cr.982/14 U/s 294(b), 323, 324, 325, 308, 34 IPC

10. Cr. 306/15 U/s 143, 147, 148, 323, 324, 447, 294(b), 427, 149 IPC

11. Cr.3528/16 U/s 420, 34 IPC

12. Cr. 1153/18 U/s 294(b), 323, 324, 506(1) IPC

13. Cr. 893/22 U/s 160 IPC”

8. When all the aforesaid aspects are taken into account, I am

of the view that this is not a fit case in which anticipatory bail can be granted to the petitioner. The petitioner has to surrender before the Investigation Officer and shall cooperate with the investigation. In the result, the application is disposed of on the following conditions: i) The petitioner shall surrender before the Investigation officer within a period of two weeks from today for subjecting himself to 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 itself to enable the petitioner to seek bail, provided he surrenders on or before 11 A.M on that day, iii) The Judicial First Class Magistrate, upon production of the accused and filing of the bail application, 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. Sd/- ZIYAD RAHMAN A.A JUDGE rpk

Same Court & Year Kerala Orders · 2023 Same Parties Renjith vs State of Kerala Same Judge Honourable Mr.Justice Ziyad Rahman a.a.