IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 3634 of 2010()
1. SUDARSANAN, 48 YEARS,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. C.I. OF POLICE, VALAPAD, THRISSUR DIST.
For Petitioner :SRI.N.K.UNNIKRISHNAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :18/06/2010
O R D E R
K.HEMA, J
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B.A No.3634 OF 2010
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Dated this the 18th day of June 2010
ORDER
This petition is for anticipatory bail.
2. The alleged offence is under Section 302 r/w Section 34
of IPC. According to prosecution, accused numbers one to four in
furtherance of their common intention to attack the deceased
Vinil, assaulted him by using dangerous weapons and caused
serious injuries to him and he succumbed to the injuries, on the
way to hospital. The incident happened on 02/05/2010 at about
10:45 P.M. Petitioners are accused numbers one to four.
3. Petitioner is the fourth accused. Learned counsel for
petitioner submitted that in the morning of the date of occurrence
in this case, the autorickshaw of the second accused was
damaged by some workers of B.J.P. He lodged a complaint before
the police and a crime was registered as Crime No.283/2010.
Infuriated by the complaint made by the second accused,
deceased Vinil, who is a leader of B.J.P, who was residing 12 Kms.
away from place of occurrence came along with six other persons
armed with deadly weapons and assaulted fourth accused, who is
brother of second accused. Fracture was caused to both his legs.
Injuries were also caused to the face and neck of the fourth
accused. He underwent two operations and he is still in the
B.A No.3634 OF 2010 2
hospital and not so far arrested in this case. Accused numbers
one, two and four are brothers and third accused is first accused’s
son. Accused numbers one to three rushed to the scene while
assaultants escaped. The incident happened in between the
house of second and fourth accused. A crime was registered
against deceased Vinil and his companions under Section 143,
147, 148, 447, 326, 307 r/w 149 of IPC. Petitioner is not in a
position to move about and his condition is very bad. In such
circumstances anticipatory bail may be granted, it is submitted.
4. On hearing both sides and on considering the various
aspects in the light of various documents produced, the physical
condition of fourth accused, medical certificates etc., I am
satisfied that it is only just and proper to grant anticipatory bail to
petitioner. Hence the following order is passed.
(1) Petitioner shall surrender before the Magistrate
Court concerned within seven days from today.
(2) On such surrender, petitioner shall be released on
bail on his executing a bond for Rs.50,000/-
(Rupees fifty thousand only) each with two
solvent sureties each for the like sum to the
satisfaction of the learned Magistrate on the
following conditions:
B.A No.3634 OF 2010 3
(i) Petitioners shall report before the
Investigating Officer as and when
directed and co-operate with
investigation.
(ii) Petitioner shall not influence or
intimidate any witnesses or tamper
with any evidence.
(iii) In case the petitioner is involved in
any similar case, his bail is liable to
be cancelled.
(iv) Condition No.(i) will apply only after
he is able to move about as per the
report of Medical Officer.
Petition is allowed.
K.HEMA
JUDGE
vdv