Vipin vs State Of Kerala
2022 Latest Caselaw 12164 Ker

Citation : 2022 Latest Caselaw 12164 Ker
Judgement Date : 22 December, 2022

Kerala High Court

Vipin vs State Of Kerala on 22 December, 2022

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
           THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
 THURSDAY, THE 22ND DAY OF DECEMBER 2022 / 1ST POUSHA, 1944
                BAIL APPL. NO. 10193 OF 2022
  CRIME NO.1837/2022 OF Sasthamcotta Police Station, Kollam
   AGAINST THE ORDER/JUDGMENT IN CMP 2712/2022 OF JUDICIAL
     MAGISTRATE OF FIRST CLASS, SASTHAMCOTTA (TEMPORARY)
PETITIONER/ACCUSED:

    1     VIPIN
          AGED 24 YEARS
          S/O VINCENT, VIPIN MANDIRAM,
          VALIYAPADAM MURI, WEST KALLADA VILLAGE,
          KUNNATHOOR THALUK, KOLLAM DISTRICT, PIN - 691500
    2     JOBIN
          AGED 21 YEARS
          S/O VINCENT, VIPIN MANDIRAM,
          VALIYAPADAM MURI, WEST KALLADA VILLAGE,
          KUNNATHOOR THALUK, KOLLAM DISTRICT, PIN - 691500
    3     NOBLE
          AGED 24 YEARS
          S/O YESUDAS, NATTI VILLA,
          VALIYAPADAM MURI, WEST KALLADA VILLAGE,
          KUNNATHOOR THALUK, KOLLAM DISTRICT, PIN - 691500
          BY ADV P.V.DILEEP
RESPONDENT/STATE:
    1     STATE OF KERALA
          REPRESENTED BY THE PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA, ERNAKULAM. , PIN - 682031
    2     THE STATION HOUSE OFFICER
          SASTHAMCOTTA POLICE STATION,
          SASTHAMCOTTA P.O, KOLLAM DISTRICT. 690521.
          PIN - 690521
          BY PUBLIC PROSECUTOR SRI. M. C. ASHI
    THIS BAIL APPLICATION HAVING COME UP FOR
ADMISSION ON 22.12.2022, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
 B.A. No.10193 of 2022            :2:




                        VIJU ABRAHAM, J.
         -- -- -- -- -- -- -- -- -- -- -- -- --
                      B.A. No.10193 of 2022
         -- -- -- -- -- -- -- -- -- -- -- -- --
            Dated this the 22nd day of December, 2022

                                 ORDER

This is an application for regular bail.

2. The petitioners are accused Nos. 1, 2 and 4 in Crime

No.1837/2022 of Sasthamcotta Police Station alleging commission

of offences punishable under Sections 341, 294(b), 323, 324 & 308

r/w Section 34 of the Indian Penal Code.

3. The prosecution allegation is that, on 04.12.2022 at 4.30

PM, the accused persons in furtherance of their common intention

and in enmity towards the defacto complainant, assembled

together and the 1st accused restrained the bike of the defacto

complainant and his friend used abused words, assaulted with an

iron rod on the head of the defacto complainant, causing injury and

accused Nos. 2 to 4 pushed down and fisted him on various parts of

his body and thus the accused have committed the aforesaid

offences.

4. The learned counsel for the petitioners submitted that the

petitioners have been falsely implicated in the above said crime. It

is further submitted that the defacto complainant was in a drunken

stage, who has serious criminal antecedents, attacked the

petitioners 1 and 2 causing injuries and the 1 st petitioner was

admitted in Government Taluk Hospital, Neendakara, as is evident

from Annexure 3 - O.P. Ticket issued by the said hospital. It is also

submitted that the petitioners are in custody from 09.12.2022

onwards and that they have no other criminal antecedents.

5. The learned Public Prosecutor upon instructions submitted

that due to previous enmity, the defacto complainant was attacked

by the petitioners and serious overtact of attacking the defacto

complainant with the iron rod is on the 1 st accused. It is further

submitted that the petitioners have no other criminal antecedents.

6. Having regard to the facts and circumstances of the case,

considering the nature of the allegations and considering the fact

that the petitioners are in custody from 09.12.2022 onwards and

that the petitioners have no other criminal antecedents, I am

inclined to grant bail to the petitioners subject to stringent

conditions. In the result, the bail application is allowed. It is

directed that the petitioners shall be released on bail, subject to

the following conditions:

(i) The petitioners shall execute a bond for a

sum of Rs.50,000/- (Rupees fifty thousand

only)each with two solvent sureties each for

the like-sum to the satisfaction of the

jurisdictional court;

(ii) The petitioners shall appear before the

investigating officer in Crime No.1837/2022

of Sasthamcotta Police Station on every

Saturday at 11 am, until filing of final report;

(iii) The petitioners shall not attempt to

interfere with the investigation or to

influence or intimidate the defacto

complainant or any witness in Crime

No.1837/2022 of Sasthamcotta Police

Station;