High Court Kerala High Court

Rajesh vs State Of Kerala Represented on 16 January, 2008

Kerala High Court
Rajesh vs State Of Kerala Represented on 16 January, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 226 of 2008()


1. RAJESH, AGED 20 YEARS, S/O.VIJAYAN,
                      ...  Petitioner
2. MANIKANDAN, AGED 37 YEARS,
3. BINU, S/O.MANIYAN, MADATHUVULAKAM,

                        Vs



1. STATE OF KERALA REPRESENTED
                       ...       Respondent

                For Petitioner  :SRI.BLAZE K.JOSE

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

 Dated :16/01/2008

 O R D E R
                           R. BASANT, J.
                 - - - - - - - - - - - - - - - - - - - - - -
                     B.A.No. 226 of 2008
                 - - - - - - - - - - - - - - - - - - - - - -
            Dated this the 16th day of January, 2008

                              O R D E R

Application for anticipatory bail. The petitioners are

accused Nos. 3, 4 and 5 in a crime registered, inter alia, under

Section 308 r/w. 149 I.P.C. The allegation under Section 326

I.P.C. has also been included subsequently after questioning the

doctor at the hospital, where the injured was being treated. On

account of prior animosity, at 8.30 p.m. on 10.12.2007 the

accused persons had allegedly assaulted the sister of the defacto

complainant. The defacto complainant intervened and he was

attacked with dangerous weapons. Accused 1 and 2 indulged in

the specific overt act. Accused 3, 4 and 5 allegedly restrained

him and facilitated infliction of injuries by accused 1 and 2.

The defacto complainant suffered a fracture of the skull bone.

Dangerous weapons were allegedly used for infliction of the

injuries. Investigation is in progress. The petitioners apprehend

imminent arrest.

B.A.No. 226 of 2008
2

2. The learned counsel for the petitioners submits that the

petitioners are absolutely innocent. They have not indulged in any

overt act. There is no grievance that they have wielded any weapon.

They had, even going by the allegations, wrongfully restrained the

defacto complainant and facilitated infliction of injuries by accused 1

and 2. There was an earlier incident on 9.11.2007, which operated as

the motive. Subsequently also crimes have been registered, wherein

the accused persons are the victims and the party of the defacto

complainant are the accused. In any view of the matter, the petitioners

do not deserve to endure the trauma of arrest and detention. They may

be granted anticipatory bail, prays the learned counsel.

3. The learned Prosecutor opposes the application. He submits

that the victim has suffered very serious injuries. The allegations are

raised with the help of Section 149 I.P.C. It is not necessary at this

stage to search for specific overt acts of all the accused persons. The

petitioners are named in the F.I.R. Their role in facilitating

commission of the offence by the co-accused is stated in the F.I.

B.A.No. 226 of 2008
3

statement. In these circumstances the petitioners may not be granted

anticipatory bail, submits the learned Prosecutor.

4. I have considered all the relevant inputs. I find merit in the

opposition by the learned Prosecutor. I am in agreement with the

learned Prosecutor that this is a fit case where the petitioners must

surrender before the Investigator or the learned Magistrate having

jurisdiction and then seek regular bail in the ordinary course.

5. This application is accordingly dismissed. I may

however hasten to observe that if the petitioners appear before the

learned Magistrate and apply for bail after giving sufficient prior

notice to the Prosecutor in charge of the case, the learned

Magistrate must proceed to pass orders on merits, in accordance with

law and expeditiously.

(R. BASANT)
Judge

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