Jomon vs State of Kerala

JOMON vs State of Kerala

Type Court Judgment Court Kerala Orders Decided Mar 26, 2021

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https://sooperkanoon.com/case/1620406

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Citation: sooperkanoon.com/1620406
Court: Kerala Orders High Court
Judge: Honourable Mr. Justice Ashok Menon
Decided On: Mar 26, 2021
Case Number: Bail Appl./2605/2021

Parties & Advocates

Appellant / Petitioner

JOMON

Respondent

State of Kerala

Excerpt

.....case, in brief, is that on 02.01.2021 atabout 10.30 p.m. the applicant was a member of an unlawful assembly along with nine other accused and in the prosecution of the common object of the said unlawful assembly, they wrongfully restrained the de facto complainant, committed riot armed with deadly weapons like stones and knife and caused grievous hurt to the de facto complainant by fracturing his nasal bone and thus committed the offence.3. the applicant states that the allegations are all untrue and that there is also a counter case registered against the de- facto complaint and others as crime no.3/2021 of the same police station for having inflicted injuries on some of the accused in this crime. the injuries are not serious and it is bail appl..no.2605 of 2021 3 stated that accused nos.3 to 7 and 9 were already grantedanticipatory bail by this court. the applicant had a minimal overt act in the alleged act and he is similarly placed as accused who are already granted bail and therefore he seeks pre-arrest bail.4. heard the learned counsel for the applicant and the learned public prosecutor.5. the learned public prosecutor submits that the applicant is a notorious criminal having five other criminal cases registered against him. he was wielding a knife and the maingrievous hurt was caused by the 1st accused and the applicant. he had hit the de facto complainant with the bland edge of the knife and therefore the applicant is not entitled to the discretionary relief of anticipatory bail.after having heard the submissions made on both sides, i find that the applicant is not similarly placed as the accused who were already granted bail. they did not have any criminal antecedents. the applicant is a person having criminal antecedents. moreover, he was also wielding a dangerous weapon like a knife. under the circumstances, i find that he has to be subjected to custodial interrogation for the purpose of recovery of the weapon. he is not.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE ASHOK MENON FRIDAY, THE 26TH DAY OF MARCH 2021 / 5TH CHAITHRA, 1943 Bail Appl..No.2605 OF 2021 CRIME NO.2/2021 OF Kodanad Police Station , Ernakulam PETITIONER/S: JOMON AGED 30 YEARS THENAN HOUSE, ALATTUCHIRA P.O., CHETTINADA, KODANADU-683544 BY ADV. SRI.THOMAS J.ANAKKALLUNKAL

RESPONDENT/S: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA R1 BY PUBLIC PROSECUTOR OTHER PRESENT: SRI.SANTHOSH PETER SR PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Bail Appl..No.2605 OF 2021 2

O R D E R

Dated this the 26th day of March 2021 Application for anticipatory bail under Section 438 of Cr.P.C. The applicant is the 2nd accused in Crime No.2/2021 of Kodanad Police Station for having allegedly committed offences punishable under Sections 143, 144, 148, 323, 324, 341,308 r/w Section 149 of IPC.

2. The prosecution case, in brief, is that on 02.01.2021 at

about 10.30 p.m. the applicant was a member of an unlawful assembly along with nine other accused and in the prosecution of the common object of the said unlawful assembly, they wrongfully restrained the de facto complainant, committed riot armed with deadly weapons like stones and knife and caused grievous hurt to the de facto complainant by fracturing his nasal bone and thus committed the offence.

3. The applicant states that the allegations are all untrue and that there is also a counter case registered against the de- facto complaint and others as Crime No.3/2021 of the same

   police station for having inflicted injuries on     some of the
   accused in this crime.    The injuries are not serious and it is
Bail Appl..No.2605 OF 2021             3
   stated that     accused Nos.3 to 7 and 9 were already granted

anticipatory bail by this Court. The applicant had a minimal overt act in the alleged act and he is similarly placed as accused who are already granted bail and therefore he seeks pre-arrest bail.

4. Heard the learned counsel for the applicant and the learned Public Prosecutor.

5. The learned Public Prosecutor submits that the applicant is a notorious criminal having five other criminal cases registered against him. He was wielding a knife and the main

grievous hurt was caused by the 1st accused and the applicant. He had hit the de facto complainant with the bland edge of the knife and therefore the applicant is not entitled to the discretionary relief of anticipatory bail.

After having heard the submissions made on both sides, I find that the applicant is not similarly placed as the accused who were already granted bail. They did not have any criminal antecedents. The applicant is a person having criminal antecedents. Moreover, he was also wielding a dangerous weapon like a knife. Under the circumstances, I find that he has to be subjected to custodial interrogation for the purpose of recovery of the weapon. He is not entitled to the

Bail Appl..No.2605 OF 2021 4 discretionary and exceptional remedy of anticipatory bail. The applicant is directed to surrender before the investigating officer within two weeks. In the event of his arrest, after interrogation and recovery, he shall be produced before the jurisdictional court, where he is at liberty to apply for regular bail, which shall be considered and preferably disposed of on the same day. SD/- ASHOK MENON rmm JUDGE

Same Court & Year Kerala Orders · 2021 Same Parties JOMON vs State of Kerala Same Judge Honourable Mr. Justice Ashok Menon