Sooraj vs State Of Kerala
2021 Latest Caselaw 14144 Ker

                       IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                       PRESENT

                         THE HONOURABLE MR. JUSTICE K.HARIPAL

               WEDNESDAY, THE 7TH DAY OF JULY 2021 / 16TH ASHADHA, 1943

                             BAIL APPL. NO. 5052 OF 2021

PETITIONERS:

     1         SOORAJ
               AGED 28 YEARS
               S/O.SURENDRAN, PUTHUPARAMBIL HOUSE, CHUMATHRA P.O., THIRUVALLA.
     2         ABHIMANYU SURESH
               AGED 23 YEARS
               S/O.SURESH, GURUKRIPA KULANGARA HOUSE, CHUMATHRA P.O., THIRUVALLA.
               BY ADV T.P.PRADEEP


RESPONDENTS:

     1         STATE OF KERALA
               REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN -
               682 031.
     2         SUB INSPECTOR OF POLICE,
               KEEZHAVAYPUR POLICE STATION, KEEZHVAYUR P.O., PATHANAMTHITTA
               DISTRICT, PIN - 689 587.

OTHER PRESENT:

               PP - SMT. SREEJA V.


      THIS      BAIL   APPLICATION     HAVING    COME   UP      FOR   ADMISSION   ON
07.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 Bail Appl.No.5052 OF 2021                    2




                                      ORDER

This is an application for anticipatory bail. Petitioners are

accused numbers 1 and 2 in Crime No.795 of 2021 of Keezhvaypur Police

Station, which was registered alleging offence punishable under Sections

147, 148, 452, 294(b), 323, 506(1) read with 149 of the IPC and also under

Section 27 of the Arms Act.

2. The allegations is that, the accused persons eight in number

had formed an unlawful assembly and in prosecution of their common object,

armed with deadly weapons and also after making preparations, trespassed

into the residence of the defacto complainant and committed acts of mischief

in the house. The alleged incident had happened on 13.06.2020 at about 9.45

PM. Now the 1st and 2nd accused have moved this application seeking

anticipatory bail.

3. Learned counsel for the petitioners submits that, prior to the

said incident, a crime was reported in Thiruvalla Police Station as crime No.

1318 of 2021, alleging offence under Sections 294 (b), 323, 324, 326 and

read with 34 of the IPC., in which the 1 st petitioner had sustained grievous

hurt at 8.15 pm on the very day. But the learned Public Prosecutor is not

aware of such a crime. Whatever it may be, the allegations against the

petitioners are very serious. In the night at 9.45, in prosecution of the

common object of an unlawful assembly, they had allegedly trespassed upon

the residential premises of the defacto complainant and committed the

offence. They had also used dangerous weapons in the process. Therefore,

the petitioners are not entitled to get anticipatory bail.

4. At this juncture, the learned counsel for the petitioners

submitted that they are prepared to surrender before the Investigating Officer.

In that case, their arrest, if any, shall be recorded on the very same day and

they shall be proceeded against utmost expedition.

If the petitioners are produced before the Court, the application

for bail, if any shall be considered by the jurisdictional Court on the same

day, in the light of the Judgment in W.P.(C) No. 11316 of 2021.

Bail application is disposed of as above.

Sd/-

K. HARIPAL JUDGE RMV/07/07/2021