High Court Kerala High Court

Vinod vs The Sub Inspector Of Police on 7 August, 2008

Kerala High Court
Vinod vs The Sub Inspector Of Police on 7 August, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 4918 of 2008()


1. VINOD, AGED 27, S/O. RAJAN,
                      ...  Petitioner

                        Vs



1. THE SUB INSPECTOR OF POLICE,
                       ...       Respondent

2. STATE OF KERALA,

                For Petitioner  :SRI.K.RAMANATHAN

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MRS. Justice K.HEMA

 Dated :07/08/2008

 O R D E R
                               K.HEMA, J.
               -------------------------------------------------------
                 Bail Application No.4918 of 2008
               -------------------------------------------------------
               Dated this the 7th day of August, 2008


                                  O R D E R

This petition is for anticipatory bail.

2. According to the prosecution, on 22.2.2008, the

defacto complainant and two sons attacked the first accused and

there was a crime registered in respect of that incident. As a

retaliation to it, the present crime was committed by A1 to A4.

On a complaint lodged by the defacto complainant, a crime is

registered under Sections 323, 341 and 326 read with Section 34

IPC. He sustained fracture.

3. Learned counsel for petitioner submitted that the

petitioner is the fourth accused and he is not specifically named

in the First Information Statement. He is from the same locality

and the omission will indicate that the petitioner was not

involved. It is also pointed out that even if the prosecution

allegation is admitted, the petitioner only assaulted by using

hands and there is no corresponding injury also. The only

person who used the weapon (iron rod) is the first accused. It is

also submitted that the second accused was granted anticipatory

BA No.4918/08 2

bail by this Court as per order dated 9.7.2008 in B.A.No.4124/08.

Learned counsel for petitioner also added that the motive for the

crime stated in the FI statement is that the defacto complainant

was attacked only because he is an office bearer of the temple

committee.

4. This petition is opposed. Learned public prosecutor

submitted that this crime was committed as a retaliation to an

earlier crime. It is true that in the FI statement, it was stated

that the defacto complainant was attacked as an office bearer of

the temple committee but, the involvement of the petitioner and

the motive have been brought to light in the investigation. A

crime was also registered in connection with the attack on the

first accused on an earlier date. The witnesses have stated that

the petitioner was also involved. It is also submitted that

anticipatory bail was granted to the second accused in the

peculiar facts and circumstances, since father’s name, avocation

and locality stated in the First Information Statement did not

tally with the actual details. The petitioner cannot, therefore,

claim any benefit, on the strength of the anticipatory bail

granted to the second accused. It is also pointed out that the

BA No.4918/08 3

defacto complainant has sustained a fracture and the offence

was committed in furtherance of common intention.

5. On hearing both sides, I am satisfied that in the

nature of the offence committed, particularly, since the

petitioner’s involvement was revealed from the investigation

conducted, it may not be proper to grant anticipatory bail to the

petitioner. Though the petitioner would content that he is the

person from the locality, there is nothing on record to show that

he was known to the defacto complainant earlier. The details

can be revealed at the time of evidence.

The petition is dismissed.

K.HEMA, JUDGE
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