Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE ASHOK MENON WEDNESDAY, THE 06TH DAY OF JANUARY 2021 / 16TH POUSHA, 1942 CRIME NO.1253/2020 OF Koyilandy Police Station , Kozhikode PETITIONER/S: 1 AJAY VISHNU, AGED 26 YEARS, S/O K.M.NARAYANAN, KULATHIL MEETHAL HOUSE, CHELIYA P.O., 2 SUHAIB K.K., AGED 31 YEARS, S/O KOYAKUTTY, KINARULLA KANDY HOUSE, CHELIYA P.O., KOYILANDY, KOZHIKODE DISTRICT - 673306. 3 BABITH LAL, AGED 30 YEARS, S/O BALA E.P., KOLARAKKANDY HOUSE, CHELIYA P.O., BY ADV. SRI.P.P.BIJU RESPONDENT/S: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682031. OTHER PRESENT: SRI.SANTHOSH PETER, SR PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
O R D E R
Dated this the 6th day of January 2021 This is an application for anticipatory bail under Section 438 of Cr.P.C.
2. The applicants are accused 1, 2 and 4 in Crime No.1253/2020 of Koyilandy Police Station for having allegedly committed the offences punishable under Sections 341, 323, 326 and 308 read with Section 34 of the I.P.C.
3. The prosecution case, in brief, is that on 05.12.2020 at about 9.00 PM, the applicants along with
other accused wrongfully restrained the de facto complainant and allegedly attacked him with a dangerous weapon causing the de facto complainant to lose one of his teeth and thus grievous hurt was caused to him and because of the 1st accused had kicked the de facto complainant with an iron weapon on his head, it could have proved fatal and thus the accused persons had attempted to commit culpable homicide.
4. The applicants state that the allegations are not true and that they have been falsely implicated in this crime. The applicants do not have any criminal antecedents and are willing to cooperate with the investigation, hence, they seek anticipatory bail.
5. Heard the learned Counsel for the applicants and the learned Public Prosecutor.
6. Grievous hurt was caused by the 1st accused with an unknown weapon and he has, therefore, to be subjected to interrogation. There is no specific overt act against accused 2 and 4.
7. In the result, the bail application is allowed in part and the applicants are directed to surrender
before the investigating officer within two weeks. In the event of their being arrested, after interrogation and recovery, if any, accused 2 and 4 shall be released on bail on the execution of a bond for Rs.50,000/- (Rupees fifty thousand only) each, with two solvent sureties for the like amount each, to the satisfaction
of the investigating officer, and on the following conditions:
(i) They shall not influence or intimidate witnesses or tamper with evidence;
(ii) They shall appear before the investigating officer as and when called for and shall cooperate with the investigation; and
(iii) During the bail period, they shall not get involved in any similar offences. In case of breach of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court.
8. After interrogation and recovery, the 1st accused shall be produced before the jurisdictional Magistrate, where he is at liberty to apply for regular bail, which shall be considered and disposed of preferably on the very same day. Sd/- ASHOK MENON dkr JUDGE