High Court Kerala High Court

Ullas vs State Of Kerala on 17 November, 2008

Kerala High Court
Ullas vs State Of Kerala on 17 November, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 6748 of 2008()


1. ULLAS, S/O.KUTTAPPAN, KALATHIL HOUSE,
                      ...  Petitioner
2. BIJU, S/O.KUTTAPPAN, KALATHIL HOUSE,
3. ANILKUMAR, S/O.KUTTAPPAN, KALATHIL

                        Vs



1. STATE OF KERALA, REP. BY PUBLIC
                       ...       Respondent

2. STATION HOUSE OFFICER, VELLORE POLICE

                For Petitioner  :SRI.DILIP MOHAN

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MRS. Justice K.HEMA

 Dated :17/11/2008

 O R D E R
                              K.HEMA, J.

                  -----------------------------------------
                        B.A.No. 6748 of 2008
                  -----------------------------------------

              Dated this the 17th November, 2008

                               O R D E R

This petition is for anticipatory bail.

2. The alleged offences are under Sections 143, 147, 148,

323, 324, 341, 308 and 506(ii) of the Indian Penal Code. According

to prosecution, petitioners (accused 1, 2 and 4) formed into an

unlawful assembly and armed with knife and wooden stick

wrongfully restrained de facto complainant and two others and

assaulted them. De facto complainant and two others sustained

injury in the incident. The incident occurred on 7.10.2008 at about

10.30 p.m from the courtyard of the house of first accused.

3. Learned counsel for petitioners submitted that first accused

and his wife were living separately for some time. De facto

complainant is his wife’s brother. To settle the issue between first

accused and his wife, de facto complainant and other persons came

to the house of first accused. There was a talk from the courtyard

and his father was abused by de facto complainant. Thereafter, de

facto complainant and others trespassed into the house and

assaulted first accused and others and in the course of the incident,

second and third accused also sustained injuries. Third accused’s

daughter, who is aged 1 = years also sustained injuries in the

BA.6748/08 2

attack. Second accused is first accused’s father’s brother’s son.

Third accused is first accused’s brother. Both of them are residing

nearby. Their wives are also arrayed as accused in this crime.

Accused 1 to 3 and the child of third accused sustained injuries, but

a crime was registered only under Sections 341, 323 and 447 read

with 34 IPC as Crime No.198/2008 on the basis of a statement

given by first accused.

4. But de facto complainant gave a statement only on

10.10.2008, after three days of the incident and on the basis of such

statement, now a crime is registered subsequently as Crime

no.199/2008 against the accused alleging that de facto complainant

and others were assaulted by accused. Actually, de facto

complainant and others trespassed into the house of first accused

and committed the various offences. Offence under Section 308 IPC

also was included and in such circumstances, if petitioners are not

granted anticipatory bail, they will suffer irreparable injury and

loss, it is submitted.

5. This petition is opposed. Learned Public Prosecutor

submitted that though the incident occurred in the house of first

accused, admittedly, de facto complainant, who is the brother-in-

law of first accused had gone to the house with other persons for

BA.6748/08 3

settling the dispute between first accused and his wife. Thereafter,

first accused and others assaulted de facto complainant and others,

who had gone to the house by using knife and wooden stick and

they sustained injuries. Three persons had sustained stab wounds

and other persons were also injured in the incident. On the facts of

this case, it is not a fit case to grant anticipatory bail, it is

submitted. Accused had used knife and wooden stick also to commit

the offences.

6. On hearing both sides, it prima facie appears that a

settlement talk culminated in an assault between two groups. Both

sustained injuries and both of them were hospitalised. Though the

present crime is registered after three days of the incident, it is

clear from the wound certificate that the injured were in the

hospital within 45 minutes of the incident. They had sustained stab

wounds also. First Information Statement was recorded from the

hospital itself. Considering the nature of allegations made and the

nature of investigation required, which include recovery of weapons

also, I am satisfied that it is not a fit case to grant anticipatory bail.

The incident occurred as early as on 7.10.2008 and prime accused

have not been arrested in this case.

BA.6748/08 4

Petitioners (accused 1, 2 and 4) are directed

to appear before the investigating officer and co-

operate with the investigation without any delay.

Whether petitioners surrender or not, police is at

liberty to arrest petitioners at any time and

proceed in accordance with law.

Petition is dismissed.

K.HEMA, JUDGE
vgs.