Shibin vs State of Kerala

Type Court Judgment Court Kerala Orders Decided Nov 24, 2021

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Citation: sooperkanoon.com/1680879
Court: Kerala Orders High Court
Judge: Honourable Mr. Justice K.Haripal
Decided On: Nov 24, 2021
Case Number: Bail Appl./7604/2021

Parties & Advocates

Appellant / Petitioner

Shibin

Respondent

State of Kerala

Excerpt

.....this bail application having come up for admission on 24.11.2021, the court on the same day delivered the following:orderpetitioner is the 1st accused in crime no. 451 of 2021 of vadanappilly police station in thrissur district. by annexure-a4 order, an application for anticipatory bail, as far as the petitioner was concerned was dismissed. now according to the learned counsel after passing the said order annexure-a3 fir has been registered against them, that there are civil disputes between the parties and the allegations against the petitioner are baseless.2. i heard the learned counsel for the petitioner and also the learned senior public prosecutor.3. the learned public prosecutor has produced copy of thewound certificates of velayudhan and vineesh, the injured in the occurrence. the alleged incident had happened at 2.45 p.m. they were taken to aswini hospital at 3.55 p.m. on 03.06.2021, with injuries in assault by about eight persons. the said vineesh had suffered a lacerated wound on the head vertical 10 cm x 2 cm x 1 cm, lacerated wound right side of neck 7 cm x 0.5 cm x 1 cm, besides other injuries. the allegation was that he was assaulted by eight persons with an iron rod and by fisting. similarly, the said velayudhan, the informant was taken to hospital with complaints of pain over chest and back following fisting and hitting, abrasion on the right shoulder, contused abrasions 3 cm x 2 cm just below the right knee. the cause of the injury is the same.4. after having gone through the wound certificates, it is veryclear that the said vineesh had suffered serious injuries in the occurrence. the specific allegation against the petitioner is that he had used an iron rod for attacking the injured. the weapons of offence used by the petitioner have to be recovered which is possible only after the custodial interrogation. moreover that the subsequent developments pointed out by the learned counsel are not sufficient to reconsider the earlier view taken by.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE K.HARIPAL WEDNESDAY, THE 24TH DAY OF NOVEMBER 2021 / 3RD AGRAHAYANA, 1943 (CRIME NO. 451/2021 OF VADANAPPILLY POLICE STATION, THRISSUR DISTRICT) PETITIONER/1ST ACCUSED: SHIBIN AGED 36 YEARS S/O.SASI, KADAVIL HOUSE, ENGANDIYUR VILLAGE, DESOM, CHAVAKKAD TALUK, THRISSUR DISTRICT-680615. BY ADV RAJIT RESPONDENT/STATE: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM-682031. OTHER PRESENT: PP - SRI. M.C.ASHI THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ORDER

Petitioner is the 1st accused in Crime No. 451 of 2021 of Vadanappilly police station in Thrissur district. By Annexure-A4 order, an application for anticipatory bail, as far as the petitioner was concerned was dismissed. Now according to the learned counsel after passing the said order Annexure-A3 FIR has been registered against them, that there are civil disputes between the parties and the allegations against the petitioner are baseless.

2. I heard the learned counsel for the petitioner and also the learned Senior Public Prosecutor.

3. The learned Public Prosecutor has produced copy of the

wound certificates of Velayudhan and Vineesh, the injured in the occurrence. The alleged incident had happened at 2.45 p.m. They were taken to Aswini hospital at 3.55 p.m. on 03.06.2021, with injuries in assault by about eight persons. The said Vineesh had suffered a lacerated wound on the head vertical 10 cm x 2 cm x 1 cm, lacerated wound right side of neck 7 cm x 0.5 cm x 1 cm, besides other injuries. The allegation was that he was assaulted by eight persons with an iron rod and by fisting. Similarly, the said Velayudhan, the informant was taken to hospital with complaints of pain over chest and back following fisting and hitting, abrasion on the right shoulder, contused abrasions 3 cm x 2 cm just below the right knee. The cause of the injury is the same.

4. After having gone through the wound certificates, it is very

clear that the said Vineesh had suffered serious injuries in the occurrence. The specific allegation against the petitioner is that he had used an iron rod for attacking the injured. The weapons of offence used by the petitioner have to be recovered which is possible only after the custodial interrogation. Moreover that the subsequent developments pointed out by the learned counsel are not sufficient to reconsider the earlier view taken by the Court. This is not a fit case for granting anticipatory bail. The application is devoid of merits and is liable to be dismissed. Bail Application is dismissed as above.

Sd/- K. HARIPAL JUDGE RMV/24/11/2021

Same Court & Year Kerala Orders · 2021 Same Parties Shibin vs State of Kerala Same Judge Honourable Mr. Justice K.Haripal