Binu vs State Of Kerala
2021 Latest Caselaw 20057 Ker

                   IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                     PRESENT

                      THE HONOURABLE MRS. JUSTICE M.R.ANITHA

           FRIDAY, THE 24TH DAY OF SEPTEMBER 2021 / 2ND ASWINA, 1943

                           BAIL APPL. NO. 5186 OF 2021

         CRIME NO.274/2021 OF MEPPADI POLICE STATION, WAYANAD DISTRICT

  AGAINST THE ORDER/JUDGMENT IN CRMC 278/2021 OF SESIONS COURT, KALPETTA,

                                     WAYANAD

PETITIONER/ACCUSED:

     1       BINU
             AGED 42 YEARS
             S/O.GEORGE, KOOTHOOR HOUSE, KADOORA, MEPPADI POST, KOTTAPPADI
             VILLAGE, WAYANAD DIST
     2       K.G.BABY
             AGED 39 YEARS
             S/O.GEORGE, KOOTHOOR HOUSE, KOTTATHARAVAYAL, KOTTANAD POST,
             VYTHIRI TALUK
             BY ADVS.
             CELINE JOSEPH
             MANEESHA JOY


RESPONDENT/COMPLAINANT/STATE:

             STATE OF KERALA
             REP BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682
             031
             BY ADV ELDHO PAUL


OTHER PRESENT:

             PP C. SEENA



      THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24.09.2021, THE

COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 B.A.No.5186 OF 2021

                                  2




                              ORDER

Petitioners are the accused persons in crime No.274/2021

of Meppadi Police Station, which is registered under Sections

341, 323, 326, 427 r/w. 34 IPC.

2. It is alleged that on 17.06.2021 18.30 hours accused

persons in furtherance of their common intention wrongfully

restrained the defacto complainant, his mother and brother

named Abhi @ Abhilash and beat them with hand and iron rod.

Second accused hit at the leg of Abhilash with iron rod causing

fracture to both bones of his leg and pushed down the mother of

the defacto complainant and during that course two sovereigns

of gold chain of the mother of the defacto complainant has been

lost, thereby accused committed the offences aforementioned.

3. The learned Public Prosecutor produced copy of the

report of Sub Inspector of Police, Meppadi Police Station along

with the wound certificate of the injured persons, which would

show that Abhilash sustained fracture of both bones on his right

leg. The other injured have also been examined by the doctor,

though no injuries as such have been noted.

B.A.No.5186 OF 2021

4. The main contention of the learned counsel for the

petitioners is that on the same day first petitioner sustained

grievous injuries out of attack by the defacto complainant and

brothers and he has also undergone treatment and a crime also

has been registered in connection with that incident. Annexure-I

is the copy of the O.P. ticket which would show that on 17.6.2021

at about 8.20 p.m he has been examined by the doctor attached

to the Taluk Head Quarters Hospital, Vythiri due to the alleged

history of assault by known person. Lacerated wound 4 x 1 c.m

on the scalp frontal region and cut wound on the nose and

abrasion wound on the bigtoe and punchmarks on both upper

limps have been noted. So the medical records, would show that

the first petitioner also sustained injury in the course of same

incident. Petitioners produced copy of the FIR in that crime

which is marked as Annexure V along with the copy of FIS. So

the documents produced from the side of the petitioners prima

facie shows that first petitioner also sustained some injuries

during the course of the same incident. A crime also has been

registered in connection with the same against the defacto

complainant and another person one Manulal. So in the said

circumstances especially in view of the fact that the first B.A.No.5186 OF 2021

petitioner also sustained some injuries and had undergone

treatment a crime also has been registered in connection with

that incident, I am of the view that the petitioners can be

released on pre-arrest bail but on stringent conditions:

(i) The petitioners shall be released on bail on

executing bond for a sum of Rs.30,000/- (Rupees

thirty thousand only) each with two solvent sureties

for the like sum each in the event of arrest by the

police in connection with the above crime.

(ii) The petitioners shall appear before the investigating

officer within seven days from today for the purpose

of recovery of the weapon, if any.

(iii) The petitioners shall not directly or indirectly, make

any inducement, threat or promise to any person

acquainted with the facts of the case so as to

dissuade him from disclosing such facts to the court

or to any police officer or tamper with the evidence.

(iv) The petitioners shall not commit any offence while on bail.

In case of violation of any of the above conditions, the

learned Magistrate is empowered to cancel the bail in B.A.No.5186 OF 2021

accordance with the law.

The Bail Application is allowed accordingly.

Sd/-

                                            M.R.ANITHA

shg                                           JUDGE