Kerala High Court
Anil Lal Venu @ Vishnu vs State Of Kerala on 30 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHIRCY V.
THURSDAY, THE 30TH DAY OF SEPTEMBER 2021 / 8TH ASWINA, 1943
BAIL APPL. NO. 7440 OF 2021
AGAINST THE ORDER/JUDGMENT IN CRMC 1880/2021 OF II ADDITIONAL
DISTRICT COURT,ERNAKULAM, ERNAKULAM
CRIME NO.176 OF 2021 OF PALARIVATTOM POLICE STATION
PETITIONER/ACCUSED NO.3 :-
ANIL LAL VENU @ VISHNU
AGED 30 YEARS
S/O VENUGOPAL, PALLIPANDATH HOUSE,
ILLIKKAPADY JUNCTION, TRIPUNITHURA-682 030.
BY ADVS.
MANSOOR.B.H.
SAKEENA BEEGUM
RESPONDENT/COMPLAINANT/STATE :-
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, PIN-682 031.
2 STATION HOUSE OFFICER
PALARIVATTOM POLICE STATION,
ERNAKULAM DISTRICT-682 017.
SMT.SREEJA.V- SR.PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
30.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 7440 OF 2021
2
ORDER
Application for regular bail.
2. The petitioner who is the third accused in
Crime No.176 of 2021 of Palarivattom Police Station,
Ernakulam District registered for the offences
punishable under Sections 120(B), 323, 324, 326 and
307 r/w Section 34 of the Indian Penal Code, has
moved this application for his release on bail.
3. The prosecution allegation is that due to
previous enmity towards the injured this petitioner
along with the other accused on 08.03.2021 armed with
deadly weapons encircled him and attacked him causing
severe injuries with the intention to cause his
death. He has sustained very serious injuries
including fracture in the attack. The defacto
complainant, who is the friend of the injured is the
informant and on the basis of his statement this
crime has been registered.
4. The petitioner has been in custody since
26.08.2021.
BAIL APPL. NO. 7440 OF 2021
5. Heard the learned counsel for the petitioner
as well the learned Public Prosecutor.
6. The learned counsel for the petitioner would
submit that he has not participated in the incident
as alleged by the prosecution. In fact, he was not
even there at the place of occurrence. But still he
is undergoing incarceration.
7. This submission is refuted by the learned
Public Prosecutor contending that all the accused
together attacked the defacto complainant to cause
his death. He sustained very serious injuries and he
was unable to give statement for few days because of
the fatal injuries sustained by him and that is why
the friend of the defacto complainant has reported
the matter to the police and thus the crime has been
registered.
8. The learned Public Prosecutor has also
pointed out that this petitioner is involved in four
other crimes of similar nature.
9. It is true that this petitioner is having
criminal antecedents but out of the four cases, three
BAIL APPL. NO. 7440 OF 2021
cases are of the year 2013 and one case is of the
year 2018. From the materials so far collected by the
investigating agency, it could seen that the weapons
used by all the accused to inflict injuries on the
injured had already been recovered. Now the
investigation of the case is well in progress.
Moreover, all the other accused were arrested and
they were already released on bail.
Having considered nature of accusation
levelled against this petitioner, the present stage
of investigation as well the period of detention
undergone by him in judicial custody, I am inclined
to release him on bail subject to the following
conditions :-
(i) The petitioner shall be released on bail on
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
court having jurisdiction.
(ii) He shall appear before the investigating
officer on every Tuesday between 11.30 am and
12.00 pm for a period of two months or till
filing of the final report, whichever is earlier.
(iii) The petitioner shall not directly or
indirectly, make any inducement, threat or
BAIL APPL. NO. 7440 OF 2021
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 petitioner shall not commit any offence
while on bail.
In case of violation of any of the above
conditions, the learned Magistrate/Judge is empowered
to cancel the bail in accordance with the law.
Sd/-
SHIRCY V.
JUDGE
SMA
