Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. SATURDAY, THE 30TH DAY OF SEPTEMBER 2023 / 8TH ASWINA, 1945 BAIL APPL. NO. 7829 OF 2023 AGAINST THE ORDER/JUDGMENT CRMC 1816/2023 OF DISTRICT COURT & SESSIONS COURT,KOLLAM (CRIME NO.1074 OF 2023 OF EAST KALLADA POLICE STATION) PETITIONER SUDHEESH AGED 38 YEARS S/O SATHI, RESIDING AT SATHEESH BHAVANAM, PATTAMTHURUTH, PATTAMTHURUTH.P.O, MUNROTHURUTH, KOLLAM DISTRICT,, PIN - 691601 BY ADVS. J.R.PREM NAVAZ PREETHA RANI M.S. SUMEEN S. MUHAMMED SWADIQ O.MOHAMED BASIL KOYA THANGAL IRSHAD K.K. RESPONDENT STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 OTHER PRESENT: SR.PP-SRI.P.G.MANU(MAMALASSERY), SR.PP-SMT.T.V.NEEMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.09.2023, ALONG WITH Bail Appl..7860/2023, 7879/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. SATURDAY, THE 30TH DAY OF SEPTEMBER 2023 / 8TH ASWINA, 1945 BAIL APPL. NO. 7860 OF 2023 (CRIME NO.1074 OF 2023 OF EAST KALLADA POLICE STATION) PETITIONER SANJU AGED 30 YEARS S/O. PRASAD RESIDING AT GAURI MANDIRAM, PATTOMTHURUTHU P.O, KOLLAM DISTRICT, PIN - BY ADVS. S.SREEKUMAR (KOLLAM) K.VIJAYAN RESPONDENTS 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 THE STATION HOUSE OFFICER EAST KALLADA POLICE STATION REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM, PIN - 682031 SRI.P.G.MANU SRP.PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.09.2023, ALONG WITH Bail Appl..7829/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. SATURDAY, THE 30TH DAY OF SEPTEMBER 2023 / 8TH ASWINA, 1945 BAIL APPL. NO. 7879 OF 2023 AGAINST THE ORDER/JUDGMENT CRMC 1825/2023 OF DISTRICT COURT & SESSIONS COURT,KOLLAM (CRIME NO.1074 OF 2023 OF EAST KALLADA POLICE STATION) PETITIONERS 1 JISHNUDAS.K.S AGED 32 YEARS S/O.KRISHNADAS, LAKSHAM VEEDU, PATTAMTHURUTHU WEST, PATTAMTHURUTHU P.O, MUNROTHURUTH, KOLLAM -, PIN - 691601 2 AMBADI AGED 33 YEARS S/O.SANTHOSH KUMAR, PATTAMTHURUTHU WEST, PATTAMTHURUTHU P.O, MUNROTHURUTH, KOLLAM, PIN - 691601 BY ADVS. PRATHEESH.P ANJANA KANNATH RESPONDENTS/STATE 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 2 STATION HOUSE OFFICER EAST KALLADA POLICE STATION, KOLLAM -, PIN - 691502 SRI.SMT.T.V NEEMA SR.PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.09.2023, ALONG WITH Bail Appl..7829/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
MOHAMMED NIAS C.P, J.
--------------------------------------------- B.A. Nos.7829, 7860 and 7879 of 2023 ------------------------------------------------------ Dated this the 30th day of September , 2023.
ORDER
Apprehending arrest in Crime No.1074 of 2023 of East Kallada police station registered for offences under Sections 143, 147, 294(b), 323, 427, 324, 506, 308 read with Section 149 of IPC, the accused Nos.1, 2, 4 and 5 have filed these petitions seeking pre-arrest bail.
2. The prosecution allegation is that on 12.08.2023 at about
9.00 p.m, due to the previous enmity of the petitioners towards the defacto complainant, the accused persons who are 10 in number, formed themselves into an unlawful assembly and attacked the defacto complainant. The 1st accused attacked the defacto complainant with a stick, which was evaded by him. Had it been otherwise it would have caused his death. The defacto complainant has also lost his mobile phone and Rs.10,000/-. The petitioners have therefore committed the aforesaid offences.
3. The learned counsel appearing for the petitioners and the learned Public Prosecutor were heard.
4. The learned counsel for the petitioners argued that the
injuries are not serious and that there is no overt act attracting Section 308 IPC considering the allegations levelled against the petitioners of causing injuries to the defacto complainant,I do not think it as a fit case to grant anticipatory bail .According the said prayer is rejected.
5. Therefore, the following directions are issued:-
In the event the petitioners surrender before the Investigating Officer in two weeks, they shall be interrogated and thereafter, shall be produced before the Magistrate having jurisdiction on the date of surrender itself. If the petitioners move for bail, the court below shall, untrammelled by any of the observations in this order, consider the bail application on merits, as expeditiously as possible. If the petitioners do not surrender before the Investigating Officer, as directed above, the Investigating Officer will be free to arrest the petitioners as if no order has been passed in this case. The bail applications are disposed of as above. Sd/- MOHAMMED NIAS C.P smm JUDGE APPENDIX OF BAIL APPL. 7860/2023 PETITIONER ANNEXURES Annexure A1 A TRUE COPY OF THE F.I.R IN CRIME NO: KALLADA POLICE STATION Annexure A2 THE TRUE COPY OF THE OUTPATIENT TICKET DATED 12.08.2023 ISSUED FROM THE TALUK HOSPITAL KUNDRA KOLLAM Annexure A3 THE TRUE COPY OF THE CASUALTY OUTPATIENT TICKET DATED 13.08.2023 ISSUED FROM THE A. A. RAHIM MEMORIAL DISTRICT HOSPITAL KOLLAM Annexure A4 THE TRUE COPY OF THE ORDER DATED 21.08.2023 IN CRL. M. C 1779/2023 OF THE PRINCIPAL SESSIONS COURT KOLLAM Annexure A5 A TRUE COPY OF THE ORDER IN CRL. M.C. NO: 1815/2023 DATED 05.09.2023 OF THE HON'BLE PRINCIPAL SESSIONS COURT, KOLLAM APPENDIX OF BAIL APPL. 7879/2023 PETITIONER ANNEXURES Annexure A1 THE COPY OF FIR IN CRIME NO.1074/2023 OF EAST KALLADA POLICE STATION DATED 13.8.2023 Annexure A2 THE COPY OF ORDER IN CRL.M.C NO.1825/2023 DATED 5.9.2023 ON THE FILE OF SESSIONS COURT, KOLLAM Annexure A3 THE COPY OF ORDER IN CRL.M.C NO. OF SESSIONS COURT, KOLLAM APPENDIX OF BAIL APPL. 7829/2023 PETITIONER ANNEXURES Annexure A1 THE TRUE COPY OF THE FIR IN CRIME NO: 1074 OF 2023 OF EAST KALLADA POLICE STATION KOLLAM DISTRICT Annexure A2 THE TRUE COPY OF THE ORDER DATED 21.08.2023 IN CRL. M.C. NO: 1779 OF Annexure A3 THE TRUE COPY OF THE ORDER DATED 05.09.2023 IN CRL.M.C. NO: 1816 OF 2023 PASSED BY THE COURT OF SESSIONS JUDGE, KOLLAM