High Court Kerala High Court

Shibu.M vs State Of Kerala on 2 February, 2010

Kerala High Court
Shibu.M vs State Of Kerala on 2 February, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 7112 of 2009()


1. SHIBU.M, S/O. MOHANAN,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY THE
                       ...       Respondent

                For Petitioner  :SRI.R.V.SREEJITH

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice K.T.SANKARAN

 Dated :02/02/2010

 O R D E R
                        K.T. SANKARAN, J.
                      ---------------------------
                      B.A. No. 7112 of 2009
                  ------------------------------------
              Dated this the 2nd day of February, 2010

                             O R D E R

This is an application for anticipatory bail under Section 438

of the Code of Criminal Procedure. The petitioner is accused No.2

in Crime No.824/2009 of Fort Police Station, Thiruvananthapuram

District.

2. The offences alleged against the petitioner are under

Sections 143, 147, 148, 149, 324 and 307 of the Indian Penal

Code and Section 27 of the Arms Act.

3. The prosecution case is that on 18.09.2009 at 6.30

P.M., about 30 persons approached the de facto complainant near

his house. They surrounded him. The second accused punched

him on his nose with a hitting block. The second accused shouted

to kill the de facto complainant. The other accused had beaten

and kicked the de facto complainant. Accused Nos. 3 and 4

attacked the de facto complainant with swords and he sustained

injuries. On hearing the hue and cry, the neighbours came to the

place and tried to save the de facto complainant. At that time, two

of them were also attacked by the accused and those persons

sustained injuries. The de facto complainant and others were

admitted in the hospital. All of them had sustained serious

B.A. No. 7112 of 2010 2

injuries. It is alleged that the accused persons used to take drugs,

assembling in a property near the house of the de facto

complainant. The police party took hold of the accused persons.

The accused persons were under the impression that the de facto

complainant had given the information to the police. On that

ground, he was attacked by the accused.

4. The learned counsel for the petitioner submitted that the

petitioner is having 45% physical disability and it cannot be

believed that he could commit an offence like this. It is also

pointed that the prosecution case that the petitioner also ran away

while others came to the spot, is hard to believe.

5. Taking into account the facts and circumstances of the

case, the nature and gravity of the offence and the injuries

sustained by the de facto complainant and others, I am of the view

that this is not a fit case where anticipatory bail can be granted to

the petitioner. The petitioner is not entitled to the discretionary

relief under Section 438 of the Code of Criminal Procedure. If

anticipatory bail is granted to the petitioner, it would adversely

affect the proper investigation of the case.

For the aforesaid reasons, the Bail Application is dismissed.

K.T. SANKARAN, JUDGE

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