Ratheesh Vs. State of Kerala - Court Judgment

SooperKanoon Citationsooperkanoon.com/1154257
CourtKerala High Court
Decided OnJul-03-2014
JudgeHONOURABLE MR.JUSTICE THOMAS P.JOSEPH
AppellantRatheesh
RespondentState of Kerala
Excerpt:
in the high court of kerala at ernakulam present: the honourable mr.justice thomas p.joseph thursday, the3d day of july201412th ashadha, 1936 bail appl..no. 4240 of 2014 () ------------------------------- crime no. 843/2014 of nedumbassery police station , ernakulam petitioner(s)/accused1to 5: ----------------------------- 1. ratheesh, aged30years s/o kumaran, puthiyothil (h) vappalassery p.o2 saneesh babu, aged28years s/o babuji, chakkumalassery (h), nayathode p.o3 sreejith, aged28years s/o soman nair, sumilemury (h), thenekkam ponkunnam4 shajan, aged27years s/o saju, thombra house, nayathode p.o5 sabin baby, aged24years s/o baby, alukka puthussery house, nayathode p.o by adv. sri.k.vasudevan respondents: ------------ 1. state of kerala, represented by the public prosecutor high court of kerala, ernakulam68203 2. the sub inspector of police, nedumbassery police station raddl.r3 by adv. sri.george poonthottam by public prosecutor: adv. v s sreejith this bail application having come up for admission on0307-2014, the court on the same day passed the following: thomas p.joseph, j.========================= b.a.no.4240 of 2014 ============================ dated this the 03rd day of july, 2014 order petitioners are accused nos.1 to 5 in crime no.843 of 2014 of the nedumbassery police station for the offences punishable under secs.143, 147, 148, 324 and 326 r/w sec.149 of the indian penal code, apprehend arrest and have filed this application.2. learned public prosecutor has opposed the application. it is submitted that on 21.05.2014 at about 11.15p.m, the de facto complainant and two others were attacked with iron rods causing hurt/grievous hurt to them.3. learned counsel for the de facto complainant who has opposed the application has submitted that the de facto complainant is an employee of a resort near nedumbassery airport and on the relevant day after his work was over was returning to his quarters with others. at the place of occurrence, the petitioners attacked the de facto complainant and others with weapons. the de facto complainant suffered fracture of both bones of the leg, had 14 stitches on the head and 4 stitches on the leg. motive for the incident is that one of the injured had given statement against the second accused herein in crime no.806 of 2014 registered by the b.a.no.4240 of 2014 2 nedumbassery police for the offence punishable under sec.324 of the penal code.4. learned counsel submits that the allegations are not true. according to the learned counsel, investigation in crime no.806 of 2014 was hushed up and a final report was filed just after 15 days of the incident. it is submitted that the injured in crime no.843 of 2014 went to the little flower hospital, angamaly only after 3 days of the incident. if the injuries were so serious as now claimed, they would not have waited to go to the hospital so long.5. i have perused the case diary and find that some of the injured were admitted to the little flower hospital, angamaly on 23.05.2014 at about 1.30p.m (the incident occurred on 21.05.2014 at 11.15 p.m). i also find that some of the injured had suffered serious injuries. iron rods are allegedly used for committing the crime. in cases of this nature, i am satisfied that the discretionary relief for pre-arrest bail cannot be allowed. the application is dismissed. sd/- thomas p.joseph, judge. sbna true copy p a to judge
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH THURSDAY, THE3D DAY OF JULY201412TH ASHADHA, 1936 Bail Appl..No. 4240 of 2014 () ------------------------------- CRIME NO. 843/2014 OF NEDUMBASSERY POLICE STATION , ERNAKULAM PETITIONER(S)/ACCUSED1to 5: ----------------------------- 1. RATHEESH, AGED30YEARS S/O KUMARAN, PUTHIYOTHIL (H) VAPPALASSERY P.O2 SANEESH BABU, AGED28YEARS S/O BABUJI, CHAKKUMALASSERY (H), NAYATHODE P.O3 SREEJITH, AGED28YEARS S/O SOMAN NAIR, SUMILEMURY (H), THENEKKAM PONKUNNAM4 SHAJAN, AGED27YEARS S/O SAJU, THOMBRA HOUSE, NAYATHODE P.O5 SABIN BABY, AGED24YEARS S/O BABY, ALUKKA PUTHUSSERY HOUSE, NAYATHODE P.O BY ADV. SRI.K.VASUDEVAN RESPONDENTS: ------------ 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM68203 2. THE SUB INSPECTOR OF POLICE, NEDUMBASSERY POLICE STATION RADDL.R3 BY ADV. SRI.GEORGE POONTHOTTAM BY PUBLIC PROSECUTOR: ADV. V S SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON0307-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J.

========================= B.A.No.4240 of 2014 ============================ Dated this the 03rd day of July, 2014 ORDER

Petitioners are accused Nos.1 to 5 in Crime No.843 of 2014 of the Nedumbassery Police Station for the offences punishable under Secs.143, 147, 148, 324 and 326 r/w Sec.149 of the Indian Penal Code, apprehend arrest and have filed this application.

2. Learned Public Prosecutor has opposed the application. It is submitted that on 21.05.2014 at about 11.15p.m, the de facto complainant and two others were attacked with iron rods causing hurt/grievous hurt to them.

3. Learned counsel for the de facto complainant who has opposed the application has submitted that the de facto complainant is an employee of a resort near Nedumbassery Airport and on the relevant day after his work was over was returning to his quarters with others. At the place of occurrence, the petitioners attacked the de facto complainant and others with weapons. The de facto complainant suffered fracture of both bones of the leg, had 14 stitches on the head and 4 stitches on the leg. Motive for the incident is that one of the injured had given statement against the second accused herein in Crime No.806 of 2014 registered by the B.A.No.4240 of 2014 2 Nedumbassery police for the offence punishable under Sec.324 of the Penal Code.

4. Learned counsel submits that the allegations are not true. According to the learned counsel, investigation in Crime No.806 of 2014 was hushed up and a final report was filed just after 15 days of the incident. It is submitted that the injured in Crime No.843 of 2014 went to the Little Flower Hospital, Angamaly only after 3 days of the incident. If the injuries were so serious as now claimed, they would not have waited to go to the hospital so long.

5. I have perused the case diary and find that some of the injured were admitted to the Little Flower Hospital, Angamaly on 23.05.2014 at about 1.30p.m (the incident occurred on 21.05.2014 at 11.15 p.m). I also find that some of the injured had suffered serious injuries. Iron rods are allegedly used for committing the crime. In cases of this nature, I am satisfied that the discretionary relief for pre-arrest bail cannot be allowed. The application is dismissed. Sd/- THOMAS P.JOSEPH, JUDGE. Sbna True Copy P A to Judge