High Court Kerala High Court

Rajesh.O.S vs State Of Kerala on 23 January, 2009

Kerala High Court
Rajesh.O.S vs State Of Kerala on 23 January, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 202 of 2009()


1. RAJESH.O.S, S/O SUKUMARAN,OLOPPILLIYIL
                      ...  Petitioner
2. VIJESH,S/O SUKUMARAN,PUTHENTHARAYIL
3. RENJITH, M ALIYEKKAL HOUSE,POONJARKANDOM

                        Vs



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

                For Petitioner  :SRI.V.K.SUNIL

                For Respondent  :SRI.MANSOOR.B.H.

The Hon'ble MRS. Justice K.HEMA

 Dated :23/01/2009

 O R D E R
                           K.HEMA, J.
                    ----------------------------
                    B.A. No.202 OF 2009
                    ----------------------------
           Dated this the 23rd day of January, 2009


                            O R D E R

This petition is for anticipatory bail.

2. The alleged offences under Sections 294(b), 324,

506(ii), 308 read with 34 of I.P.C. According to prosecution,

defacto complainant, who is a TV reporter, along with the

media crew were travelling in a Maruti car. They had parked

the car by the side of a road while a Scorpio car came there

and stopped nearyby. When the persons from the Scorpio car

was about to open the door, the people in Maruti car told him

not to open, since it is likely to hit the window of the car. This

was not to the liking of the persons, who were in the Scorpio

car, who are petitioners herein. After this, defacto

complainant and crew went to the local TV channel office and

when they were coming out petitioners went to them and

questioned them and also assaulted using spatula, soda bottle

and knife. The defacto complainant sustained injuries and

people gathered and intervened and hence, he escaped from

being murdered.

B.A.No.202 of 2009
2

3. Learned counsel for petitioners submitted that

petitioners are absolutely innocent of the allegations made and

they do not know anything about the incident. As per the

prosecution case itself, there is no premeditation and hence,

petitioners may be granted anticipatory bail, it is submitted.

4. Learned Public Prosecutor and learned counsel for

defacto complainant are heard. Both of them opposed this bail

application and submitted that the defacto complainant

sustained a serious injury on the forehead. The injury was

sutured and there were 8 stitches. It is also submitted by

learned Public Prosecutor that the incident happened for a

simple reason, and petitioners came back with intention to

commit the offence. The incident did not occur on the spur of a

moment, but petitioners being offended, they came back and

attacked defacto complainant. A knife was also used and the

person who intervened snatched away the knife by force.

Otherwise, it would have ended in some serious calamities. It

is not a fit case to grant anticipatory bail, it is submitted.

On hearing both sides, considering the serious nature of

the allegations made, the nature of investigation required and

B.A.No.202 of 2009
3

the manner in which it is done, I am satisfied that it is not a fit

case to grant anticipatory bail. The knife used for the offence

has not been seized so far. Petitioners are required for

effective recovery of the weapon used for the offence. The

crime was registered as early as on 08.12.2008 and petitioners

have not surrendered before any court or police.

Hence, Petitioners are directed to surrender

before the Investigating Officer without any

delay and co-operate with the investigation.

Whether they surrender or not, police is at

liberty to arrest them and proceed in

accordance with law.

The petition is dismissed.

K.HEMA, JUDGE

pac