BAIL APPL. NO. 4302 OF 2021
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 3RD DAY OF JUNE 2022 / 13TH JYAISHTA, 1944
BAIL APPL. NO. 4302 OF 2021
(CRIME NO.437/2021 OF KUNNAMKULAM POLICE STATION)
AGAINST THE ORDER/JUDGMENT IN MC 706/2021 OF DISTRICT COURT & SESSIONS
COURT,THRISSUR
PETITIONER/S:
1 VIBEESH
AGED 34 YEARS
BALAN, RESIDING AT MUTHALI HOUSE, KATTAKAMBAL VILLAGE
AMSOM, POST KATTAKAMBAL, KUNNAMKULAM TALUK, THRISSUR
DISTRICT, 680 544
2 VISHNU
AGED 26 YEARS
S/O.BALAN, RESIDING AT VILAKKATHARA HOUSE, KATTAKAMBAL
VILLAGE AMSOM, POST KATTAKAMBAL, KUNNAMKULAM TALUK,
THRISSUR DISTRICT, 680 544
3 NIDHIN
AGED 26 YEARS
S/O.BALAN, RESIDING AT PONNARASSERY HOUSE, KATTAKAMBAL
VILLAGE AMSOM, POST KATTAKAMBAL, KUNNAMKULAM TALUK,
THRISSUR DISTRICT, 680 544
4 NOUSHAD
AGED 43 YEARS
S/O.MUHAMMED, RESIDING AT KARAPARAMBAN HOUSE, PAZHANJI
VILLAGE, AINOOR DESOM, POST PAZHANJI, KUNNAMKULAM TALUK,
THRISSUR DISTRICT 680 544
5 VISHNU
AGED 20 YEARS
S/O.BALAN, RESIDING AT MUTHALI HOUSE, KATTAKAMBAL VILLAGE
AMSOM, POST KATTAKAMBAL, KUNNAMKULAM TALUK, THRISSUR
DISTRICT, 680 544
6 NIDHIN
AGED 26 YEARS
S/O.BHASKARAN, RESIDING AT KILLINAMPURATH HOUSE,
KATTAKAMBAL VILLAGE AMSOM, POST KATTAKAMBAL, KUNNAMKULAM
TALUK, THRISSUR DISTRICT, 680 544
BY ADV RAJIT (K/1127/1993)-20137
BAIL APPL. NO. 4302 OF 2021
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RESPONDENT/S:
STATE OF KERALA
REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA.
OTHER PRESENT:
SR.PP SRI.NOUSHAD K.A
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03.06.2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 4302 OF 2021
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BECHU KURIAN THOMAS, J.
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B.A.No.4302 of 2021
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Dated this the 3rd day of June, 2022
ORDER
This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973.
2. Petitioners are accused in Crime No.437/2021 of Kunnamkulam Police Station, Thrissur District alleging offences punishable under Sections 143, 147, 148, 452, 324, 326, 307, 354 and 427 r/w 149 of IPC.
3. The prosecution case is that on 11.02.2021 petitioners had formed themselves into an unlawful assembly at about 8.00 p.m. in prosecution of their common object to commit murder of the de facto complainant by beating him with iron rods on the head, and with a sword on the legs. The wife of the de facto complainant also sustained injury on her head and a fracture of the arm due to assault by an iron rod and further, destroyed a motor bike causing a loss of more than Rs.20,000/-.
4. Sri.Rajit, learned Counsel for the petitioners submitted that the petitioners are totally innocent and the de facto BAIL APPL. NO. 4302 OF 2021 4 complainant and other injured are neighbours of the petitioners and that the allegations are levelled on the basis of enmity.
5. Learned Public Prosecutor Sri.Noushad K.A. on instructions submitted that 5th petitioner is not arrayed as an accused and there is no need for any apprehension of arrest, as far as he is concerned. It was further submitted that petitioners 1 to 4 have committed serious offences and custodial interrogation is essential.
6. The accused are alleged to have formed themselves into an unlawful assembly on 11.02.2021 and trespassed into the house of the de facto complaint and attacked him and his wife with iron rods. The investigation is still going on and further recovery of weapons are required. On a perusal of the wound certificate handed over by the learned Public Prosecutor, I notice that serious injuries were sustained to the de facto complainant as well as to another person due to the attack by petitioners 1 to 4 and 6. Custodial interrogation is therefore required and hence pre-arrest bail cannot be granted to the petitioners 1 to 4 and 6..
6. Considering the circumstances arising in this case and on appreciating the arguments raised by both sides, I am of the view that the nature of offences alleged against the petitioners, do not warrant the grant of bail at this stage. The submission that 5 th BAIL APPL. NO. 4302 OF 2021 5 petitioner is not arrayed as an accused is recorded.
In view of the above, this Bail Application is dismissed.
sd/ BECHU KURIAN THOMAS JUDGE jm/