Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. TUESDAY, THE 28TH DAY OF NOVEMBER 2023 / 7TH AGRAHAYANA, 1945 BAIL APPL. NO. 10323 OF 2023 CRIME NO.1372/2023 OF OCHIRA POLICE STATION, KOLLAM PETITIONER/ACCUSED NO.1: AJITH V AGED 25 YEARS, S/O VIJAYAKUMARAN, THARAYILTHEKATHIL HOUSE, KOTTAMPALLY, MADATHIL KARAZHAM, OCHIRA, KOLLAM DISTRICT., PIN - 690525 BY ADV N.SUNIL JOSEPH RESPONDENTS/ STATE & COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM., PIN - 682031 2 THE STATION HOUSE OFFICER OCHIRA POLICE STATION, KOLLAM DISTRICT., PIN - 690525 SRI.M.C.ASHI, PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ..2..
MOHAMMED NIAS C.P., J.
--------------------- B.A.No. 10323/2023 --------------------------- Dated this the 28th day of November, 2023
ORDER
This application is filed under Section 438 of the Code of Criminal Procedure, seeking pre-arrest bail.
2. The petitioner is the 1st accused in Crime No.1372/2023 of
Ochira Police Station, Kollam District, for having allegedly committed offences punishable under Sections 143, 147, 148, 294(b), 341, 323, 324, 326 and 149 of the Indian Penal Code.
3. The prosecution case is that, on 26.09.2023 at 18 hrs, the
accused 1 to 6 along with six other identifiable persons formed an unlawful assembly at Kaloormukku at Ochira and when the friend of the defacto complainant namely Ashwanidev took the photographs of ‘Kettu Kala’, the 1st accused allegedly questioned the said Ashwanidev and allegedly slapped on his right cheek. When the defacto complainant and his friends questioned the said act, one identifiable person, using his hand hit on the head of the defacto complainant’s friend namely Jester. It is further alleged that one identifiable person hit him using a stick. It is
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further alleged that the 2nd accused hit on his head using a ‘Nanchak’. It is further alleged that the 3rd accused hit the defacto complainant’s other friend using a ‘Nanchak’. It is further alleged that another identifiable accused manhandled him. It is further alleged that the 2 nd accused using an iron rod, attempted to hit the head of the defacto complainant, however, he warded off from the said attack using his right hand resulting in fracture on his right hand. It is further alleged that another identifiable accused attacked him using a stick. It is further alleged that accused No. 1 to 6 and other accused abused the defacto complainant using filthy language and manhandled them and thereby committed the aforesaid offence.
4. The learned counsel appearing for the petitioner and the learned Public Prosecutor were heard.
5. Considering the allegations against the petitioner of having
caused a fracture along with the other 5 accused, it cannot be said that the offences are not attracted. I am not inclined to consider the request for anticipatory bail as it will affect a proper investigation. Therefore the following directions are issued. In the event the petitioner surrenders before the Investigating ..4..
Officer in ten days, he shall be interrogated and thereafter, shall be produced before the Magistrate having jurisdiction on the date of surrender itself. If the petitioner moves 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 petitioner does not surrender before the Investigating Officer, as directed above, the Investigating Officer will be free to arrest the petitioner as if no order has been passed in this case.
The bail application is disposed of as above. Sd/- MOHAMMED NIAS C.P. JUDGE APA