Kerala High Court

Charli @ Vippi @ Charles vs State Of Kerala on 3 November, 2021

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                THE HONOURABLE MRS. JUSTICE SHIRCY V.
   WEDNESDAY, THE 3RD DAY OF NOVEMBER 2021 / 12TH KARTHIKA, 1943
                     BAIL APPL. NO. 6323 OF 2021
 CRIME NO.1224 OF 2021 OF KUNDARA POLICE STATION, KOLLAM DISTRICT
PETITIONERS/ACCUSED:

    1       SANDEEP S.
            AGED 20 YEARS
            S/O.SALIM L., SANAL BHAVANAM, PADAPPAKARA P.O.,
            MULAVANA, KOLLAM - 691 503.

    2       ALVIN CHARLES
            AGED 17 YEARS
            S/O.CHARLY, PRATHIBHA BHAVANAM, MULAVANA,PADAPPAKARA,
            KOLLAM DISTRICT, PIN - 691 503 (MINOR REPRESENTED BY
            HIS FATHER CHARLY, PRATHIBHA BHAVANAM, MULAVANA,
            PADAPPAKKARA, KOLLAM).

    3       SANAL S.
            AGED 26 YEARS
            S/O.SALIM L., SANAL BHAVANAM, PADAPPAKARA P.O.,
            MULAVANA, KOLLAM - 691 503.

            BY ADVS.
            K.SIJU
            S.ABHILASH
            ANJANA KANNATH


RESPONDENTS/STATE:

    1       STATE OF KERALA
            REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
            KERALA AT ERNAKULAM - 31.

    2       STATION HOUSE OFFICER
            KUNDARA POLICE STATION, KOLLAM DISTRICT, PIN- 691 501.

            SR PP SRI NOUSHAD K A


     THIS   BAIL   APPLICATION   HAVING    COME   UP   FOR   ADMISSION   ON
03.11.2021, ALONG WITH Bail Appl..6139/2021, 7195/2021, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NOS. 6323, 6139 & 7195 OF 2021

                                     2



              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
               THE HONOURABLE MRS. JUSTICE SHIRCY V.
WEDNESDAY, THE 3RD DAY OF NOVEMBER 2021 / 12TH KARTHIKA, 1943
                     BAIL APPL. NO. 6139 OF 2021
    CRIME NO.1224 OF 2021 OF KUNDARA POLICE STATION, KOLLAM
                                DISTRICT
PETITIONERS/ACCUSED NOS.4, 5 & 7:

     1      ABIN CHARLES, AGED 23 YEARS
            S/O. CHARLES, PRATHIBHA BHAVANAM, MULAVANA,
            PADAPPAKARA, KOLLAM DISTRICT, PIN-691 503.

     2      JOBIN J., AGED 23 YEARS
            S/O. JOSE P., JERIL NIVAS, MULAVANA, PADAPPAKARA,
            KOLLAM DISTRICT, PIN-691 503.

     3      EDISON, AGED 43 YEARS
            S/O. SEBASTIAN, MARY VILASOM, PADAPPAKARA,
            MULAVANA, KOLLAM DISTRICT, PIN-691 503.

            BY ADVS.
            K.SIJU
            S.ABHILASH
            ANJANA KANNATH


RESPONDENTS/STATE:

     1      STATE OF KERALA
            REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
            KERALA AT ERNAKULAM-31.

     2      STATION HOUSE OFFICER
            KUNDARA POLICE STATION, KOLLAM DISTRICT,PIN-691501.

            SR PP SRI NOUSHAD K A


      THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
03.11.2021,    ALONG   WITH   Bail   Appl..6323/2021   AND   CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NOS. 6323, 6139 & 7195 OF 2021

                                     3



              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
               THE HONOURABLE MRS. JUSTICE SHIRCY V.
WEDNESDAY, THE 3RD DAY OF NOVEMBER 2021 / 12TH KARTHIKA, 1943
                     BAIL APPL. NO. 7195 OF 2021
    CRIME NO.1224 OF 2021 OF KUNDARA POLICE STATION, KOLLAM
                                DISTRICT
   AGAINST THE ORDER/JUDGMENT IN CRMC 1464/2021 OF SESSIONS
                              COURT, KOLLAM


PETITIONER/2ND ACCUSED:

            CHARLI @ VIPPI @ CHARLES
            AGED 52 YEARS
            S/O. SEBASTIAN, PRATHIBHA BHAVAN, PADAPPAKKARA
            CHERRY, PERAYAM VILLAGE, KOLLAM DISTRICT 691 601.

            BY ADVS.
            K.SIJU
            S.ABHILASH
            ANJANA KANNATH



RESPONDENTS/STATE:

     1      STATE OF KERALA,
            REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
            KERALA AT ERNAKULAM -31.

     2      STATION HOUSE OFFICER,
            KUNDARA POLICE STATION, KOLLAM DISTRICT 691 501.

            SR PP SRI NOUSHAD K A


      THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
03.11.2021,    ALONG   WITH   Bail   Appl..6323/2021   AND   CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NOS. 6323, 6139 & 7195 OF 2021

                                    4

                                 ORDER

Applications for pre-arrest bail.

2. B.A.No.6323/2021 is an application for pre-arrest bail

filed by accused Nos.5, 6 & 8 in Crime No.1224/2021 of Kundara

Police Station, Kollam District registered for the offences punishable

under Sections 143, 147, 148, 341, 324, 326, 307 r/w 149 of the

Indian Penal Code and 27 of the Arms Act. B.A.No.6139/2021 is an

application filed by accused Nos.4, 5 & 7 and B.A.No.7195/2021 is

an application filed by the 2nd accused in the same crime.

3. The First Information Report, the F.I Statement and the

other connected records would reveal that on 26.07.2021 at about

6.45 p.m, the accused due to their enmity towards the defacto

complainant for having filed complaint against the accused for

peddling ganja in the locality, have intercepted the Autorikshaw in

which the defacto complainant was travelling along with his friends

namely Biju and Jijo. In fact they have formed themselves into an

unlawful assembly armed with deadly weapons with determination

to attack him and to commit his murder, after intercepting the

vehicle, dragged him out of the Autorickshaw and hacked him with

a sword aiming to his head. They have also beaten the defacto

complainant as well as Biju and Jijo with an iron rod and caused BAIL APPL. NOS. 6323, 6139 & 7195 OF 2021

grievous injuries. The attack was in prosecution of their common

object to cause the death of the defacto complainant. Thereby they

have committed the aforesaid offences.

4. The learned counsel for the petitioners would submit that

the 8th accused is a juvenile having absolutely no involvement in

the alleged incident. But he also has been implicated in the case

falsely along with the other accused by the defacto complainant. All

the petitioners are innocent and they have not attacked the defacto

complainant or his friends as alleged by the prosecution. But they

apprehend arrest in the false case initiated against them at the

instigation of the defacto complainant. Hence this application.

5. The learned Public Prosecutor refuted the claim of the

petitioners that they are totally innocent of the allegations levelled

against them. The wound certificates of all the injured have been

produced by the learned Public Prosecutor, for perusal.

6. The wound certificates would show that Anil/the defacto

complainant and his friends have sustained very serious injuries in

the attack by the accused persons. Immediately after the incident,

they were rushed to the hospital and got examined by the Medical

Officer of Taluk Hospital, Kundara. They have narrated the history BAIL APPL. NOS. 6323, 6139 & 7195 OF 2021

and the alleged cause of injuries to the doctor, who examined them

and the doctor has specifically recorded the same, in the wound

certificates.

7. The injuries sustained by the defacto complainant and

his friends are grave and serious in nature. The records prima facie

would reveal that they were attacked by these petitioners with

deadly weapons such as sword, iron rod and stick etc. and they

were attacked while they were unarmed and proceeding in an

Autorickshaw. The injuries noted in the wound certificates

correlates with the incident narrated by the injured. It is prima

facie revealed that these petitioners were entertaining enmity

towards him just because of the fact that he had given information

about their illicit dealings with narcotic drugs in that area. The

petitioners as well as the defacto complainant are persons known to

each other and they are also from the very same locality. It is

further revealed from the First Information Report that the brother

of Jijo an injured, on getting the information that, he sustained

injuries and had been admitted in the hospital rushed to the

hospital. On his way he was also attacked by the 1st accused. His

wound certificate would also reveal that he too sustained injuries in

the attack immediately after the first incident. So the prosecution BAIL APPL. NOS. 6323, 6139 & 7195 OF 2021

records reveal a strong case against them and the records would

indicate the seriousness of the offences committed by them. The 1 st

accused is also an accused in a murder case.

8. Considering the nature of the accusation levelled against

the petitioners as well as the gravity of the injuries sustained by all

the injured in the attack by these petitioners, I find that this is not

a fit case in which the discretion of this Court can be exercised in

their favour as requested by them. However, the 8th accused is the

minor aged only 17 years. Though the records would reveal his

complicity in causing injuries to the injured, I am inclined to grant

pre-arrest bail to him alone subject to the following conditions:

(i) The 8th accused shall be released on bail on his

executing a bond for a sum of Rs.1,00,000/- (Rupees

one lakh only) with two solvent sureties for the like

sum each to the satisfaction of the investigating officer

in the event of his arrest.