Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM WEDNESDAY, THE 22ND DAY OF FEBRUARY 2023 / 3RD PHALGUNA, 1944 BAIL APPL. NO. 7353 OF 2022 CRIME NO.230/2022 OF Sasthamcotta Police Station, Kollam PETITIONER/ACCUSED NO.2: ATHUL RAJ(A-2),AGED 25 YEARS S/O K. RAJAN, PEEDIKAYIL AYYATHU VEEDU, PALLISSERIKKAL, SASTHAMCOTTA VILLAGE, KUNNATHOOR THALUK, KOLLAM DISTRICT, PIN - 690521 BY ADVS. AJITH MURALI MOHANAN M.K. SWAPNA VIJAYAN RESPONDENTS/COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682032 2 THE STATION HOUSE OFFICER SASTHAMCOTTA POLICE STATION, SASTHAMCOTTA P.O, KOLLAM DISTRICT, PIN - 690521 BY PP SRI.B.S.SYAMANTHAK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BA No.7353 of 2022 2
VIJU ABRAHAM, J.
B.A. No.7353 of 2022 Dated this the 22nd day of February, 2023
ORDER
This is an application for anticipatory bail.
2. Petitioner is accused No.2 in Crime No.230 of 2022 of
Sasthamcottah Police Station, Kollam District registered alleging commission of offences punishable under Sections 143, 147, 323, 324, 325 and 308 read with Section 149 of the Indian Penal Code.
3. The prosecution case is that on 15.02.2022 at 9.30 P.M due
to the enmity towards the defacto complainant and his friend in connection with the elections held at D.B. College, Sasthamcotta, the 1 st accused attempted to assault the defacto complainant with a free-wheel and he evaded the said attack. The 3rd and 4th accused assaulted the friend of defacto complainant named Jishnu Menon with a free-wheel causing injury on his head and forehead. It is further alleged that the 5 th accused assaulted one Ananthu with his hands causing injury on the nasal bone.
4. Petitioner submits that he has been falsely implicated in the above-said crime. Petitioner further submits that even though he has moved an application for anticipatory bail earlier before this Court, the BA No.7353 of 2022 3 same was rejected as per Annexure A2 order, since certain material
facts could not be placed before this Court at that point of time. It is
contended that in fact serious overtact is alleged against the 1 st accused and he is now released on bail. Petitioner, an engineer, was on the way from his duty from Chavara K.M.M.L., interfered in the incident to avoid the clash between the two groups. Moreover there is no specific allegation against the petitioner alleging any assault against the defacto complainant or others. The reason for dismissal of petitioner's earlier application is that he is involved in another case of similar nature. In fact it was a false case and in the said case he was acquitted also.
5. The bail application submitted by the petitioner was rejected
as per Annexure A2 order. While considering the bail application earlier, it was submitted by the learned Public Prosecutor that the petitioner is involved in one crime, which as per the contention of the petitioner has been quashed as per Annexure A3 order in Criminal M.C. No.8930 of
2019. But the learned Public Prosecutor upon instructions submitted
that the petitioner is involved in two other cases, Crime No.221 of 2021 of Sasthamcotta Police Station alleging commission of offences punishable under Sections 294(b), 143, 147, 148, 323, 324 and 308 read with Section 149 IPC and Crime No.1546 of 2021, under Sections 143, 147, 341, 294(b) and 323 read with Section 149 IPC. For the alleged involvement in Crime No.1546 of 2021, the prosecution has filed
BA No.7353 of 2022 4 a petition to cancel the bail granted to the petitioner in Crime No.221 of 2021, and the same is pending consideration. Even though one of the crimes is stated to be quashed as per Annexure A3 order, in view of the involvement of the petitioner in two other crimes, I am not inclined to take a different view as taken in Annexure A2 order and the present bail application is accordingly dismissed. Sd/- VIJU ABRAHAM JUDGE cks