IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 6034 of 2008()
1. BINU VADAKKEKOOTTU, S/O.VARGHESE,
... Petitioner
2. VINOD VADAKKKEKOOTTU, S/O.VARGHESE,
3. SHINOY, DO.
4. THOMAS SEBASTIAN, S/O.SEBASTIAN, DO.
Vs
1. THE SUB INSPECTOR OF POLICE, KELAKAM
... Respondent
2. STATE REP; BY PUBLIC PROSECUTOR,
For Petitioner :SRI.CIBI THOMAS
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :13/11/2008
O R D E R
K.HEMA, J.
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B.A.No.6034 of 2008
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Dated this the 13th 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 and 308 read with Section 149 IPC. According to
prosecution, on 24.8.2008, at about 6.30 p.m., petitioners
(accused nos.1 to 4) and another accused formed into an
unlawful assembly and armed with deadly weapons, assaulted
the defacto complainant and he sustained injuries. The accused
used knife for the offence.
3. Learned counsel for petitioners submitted that on the
same day, defacto complainant and others were actually
attacking petitioners and they sustained injuries at the hands of
defacto complainant and others. For commission of the offence,
chopper was used by the defacto complainant and first accused
sustained an incised wound 10×2 cm. on the scalp with profuse
bleeding, behind the left ear. Second accused sustained
contusion on left knee and left eye lid. They were hospitalised
and on the statement given by one of the accused, crime
BA No. 6034 /2008 2
no.206/08 was registered against defacto complainant.
4. However, on knowing that the crime is registered
against defacto complainant, he gave a statement exaggerating
the incident. He has alleged that the accused committed the
offence with intention to commit culpable homicide. But, the
only injury sustained by the defacto complainant on an alleged
attack made on him by five persons armed with deadly weapons
is small superficial lacerated wound over abdomen. It is
submitted that it is unlikely that such wound will be caused by
the use of a knife as alleged. On the other hand, the first
accused sustained a considerable long injury inflicted by a
chopper and the allegations made by the accused is more
probable, it is submitted. The defacto complainant is the
aggressor and hence, petitioner may be granted anticipatory
bail, it is submitted. It is also submitted that the defacto
complainant had enmity towards petitioners, who are brothers,
since the defaco complainant’s brother was abused by the first
accused. It was as a retaliation that he had attacked the
petitioners in the manner alleged in crime no.206/08, it is
submitted.
BA No. 6034 /2008 3
5. This petition is opposed. Learned public prosecutor
submitted that the allegations made in this case are serious in
nature. A1 and A2 both used knives and the defacto complainant
was injured also. There were five persons on the side of
petitioners and it is not a fit case to grant anticipatory bail
especially since the knives are to be recovered. Only if
petitioners are interrogated, the recovery of weapon can be
effected, it is submitted. It is also submitted by learned public
prosecutor that the accused could not be taken into custody by
the police after the arrest of the first accused from his house. He
was rescued and in connection with the said incident, crime
no.208/08 was registered.
6. On hearing both sides and on an evaluation of the
facts and circumstances of the case and documents produced
relating to the injury sustained, I am satisfied that petitioners
can be granted anticipatory bail. Petitioners are prepared to
abide by any condition and co-operate with investigation.
Therefore, the following order is passed:
Petitioners shall surrender before the Magistrate
Court concerned and they shall be released on bail
BA No. 6034 /2008 4
on their executing bond for Rs.25,000/- each with two
solvent sureties each for like sum to the satisfaction
of the learned Magistrate on the following
conditions :
(i) Petitioners shall report before the Investigating
Officer on every Sunday between 10 a.m. to 1
p.m., within two days of their release on bail and
co-operate with investigation and make
themselves available for interrogation.
(ii) Petitioners shall not influence or intimidate any
witness or commit any offence while on bail.
The petition is allowed.
K.HEMA, JUDGE
csl