Savio Antony vs State Of Kerala
2021 Latest Caselaw 16017 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                   THE HONOURABLE MR. JUSTICE K.HARIPAL
      MONDAY, THE 2ND DAY OF AUGUST 2021 / 11TH SRAVANA, 1943
                       BAIL APPL. NO. 5572 OF 2021
  IN CRIME NO.545 OF 2021 OF ANCHALUMMOODU POLICE STATION, KOLLAM
                                  DISTRICT
  AGAINST THE ORDER/JUDGMENT IN CRMC 958/2021 OF DISTRICT COURT &
                      SESSIONS COURT,KOLLAM, KOLLAM
PETITIONER/2ND ACCUSED:

            SAVIO ANTONY
            AGED 22 YEARS
            S/O.ANTONY, KAMPATTIKKAL KADAYIL, MATHILIL P.O.,
            PERINADU, KOLLAM DISTRICT - 691 601.

            BY ADVS.
            M.KIRANLAL
            MANU RAMACHANDRAN
            T.S.SARATH
            R.RAJESH (VARKALA)
            SAMEER M NAIR



RESPONDENT/STATE:-COMPLAINANT:

            STATE OF KERALA
            REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
            KERALA, ERNAKULAM - 682 031.




            SR.PP - SMT. SREEJA V.




     THIS   BAIL    APPLICATION    HAVING    COME   UP   FOR   ADMISSION   ON
02.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NO. 5572 OF 2021
                                       2




                                    ORDER

This is an application filed under Section 438 of the Cr.P.C.

Petitioner is the 2nd accused in Crime No.545 of 2021 of

Anchalaummoodu police station which was registered alleging

offence punishable under Sections 143, 147, 148, 341, 323, 324,

427 and 307 read with Section 149 of the IPC. The subject

matter of the crime is an incident that had happened on

17.06.2021 at 8 pm at Mathilchira junction. It is alleged that

accused persons in prosecution of their common object had

attacked and injured the defacto complainant and another causing

them serious injuries. It is alleged that the 1 st accused had used a

knife and the petitioner had used a stick in attacking the two

injured.

2. The learned counsel for the petitioner submits that there

is a counter case as Crime No. 550 of 2021 in which the 1 st

accused is the injured.

3. I heard the learned Public Prosecutor also. From the

First Information Statement and the related records, it is clear

that even though there were six persons in the attack, accused BAIL APPL. NO. 5572 OF 2021

Nos. 1 and 2 alone had used weapons. The 1st accused and other

accused persons have been arrested and the knife used by the 1 st

accused has already been recovered. The petitioner had used a

stick against the defacto complainant and another, which needs to

be recovered for the smooth conduct of investigation. But it is

submitted that the petitioner is only 22 years old and a student in

Hotel Management and that he has no criminal antecedents and

he may be allowed to surrender. The learned counsel also

submits that he is prepared to co-operate with the investigation,

that he shall produce the weapon of offence before the

Investigating Officer at the time of surrender. On that submission

the petition can be allowed.

4. The petitioner is at liberty to surrender before the

Investigating Officer within ten days along with the weapon of

offence and will make himself available for interrogation. If the

Investigating Officer is satisfied with the weapon, he shall be

released on bail. In the event of arrest, he shall be released on

bail on executing bond for Rs.50,000/- (fifty thousand rupees

only) with two solvent sureties each for the like sum to the

satisfaction of the Investigating Officer; he shall co-operate with BAIL APPL. NO. 5572 OF 2021

the investigation, shall not try to contact or influence the

witnesses or tamper with the evidence and shall not involve in

any crime during the period on bail.

Bail Application is allowed as above.

Sd/-

K.HARIPAL JUDGE RMV/02/08/2021