Vibeesh vs State Of Kerala
2022 Latest Caselaw 6328 Ker

BAIL APPL. NO. 4302 OF 2021
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                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
            THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
         FRIDAY, THE 3RD DAY OF JUNE 2022 / 13TH JYAISHTA, 1944
                      BAIL APPL. NO. 4302 OF 2021
           (CRIME NO.437/2021 OF KUNNAMKULAM POLICE STATION)
AGAINST THE ORDER/JUDGMENT IN MC 706/2021 OF DISTRICT COURT & SESSIONS
                              COURT,THRISSUR
PETITIONER/S:

     1     VIBEESH
           AGED 34 YEARS
           BALAN, RESIDING AT MUTHALI HOUSE, KATTAKAMBAL VILLAGE
           AMSOM, POST KATTAKAMBAL, KUNNAMKULAM TALUK, THRISSUR
           DISTRICT, 680 544
     2     VISHNU
           AGED 26 YEARS
           S/O.BALAN, RESIDING AT VILAKKATHARA HOUSE, KATTAKAMBAL
           VILLAGE AMSOM, POST KATTAKAMBAL, KUNNAMKULAM TALUK,
           THRISSUR DISTRICT, 680 544
     3     NIDHIN
           AGED 26 YEARS
           S/O.BALAN, RESIDING AT PONNARASSERY HOUSE, KATTAKAMBAL
           VILLAGE AMSOM, POST KATTAKAMBAL, KUNNAMKULAM TALUK,
           THRISSUR DISTRICT, 680 544
     4     NOUSHAD
           AGED 43 YEARS
           S/O.MUHAMMED, RESIDING AT KARAPARAMBAN HOUSE, PAZHANJI
           VILLAGE, AINOOR DESOM, POST PAZHANJI, KUNNAMKULAM TALUK,
           THRISSUR DISTRICT 680 544
     5     VISHNU
           AGED 20 YEARS
           S/O.BALAN, RESIDING AT MUTHALI HOUSE, KATTAKAMBAL VILLAGE
           AMSOM, POST KATTAKAMBAL, KUNNAMKULAM TALUK, THRISSUR
           DISTRICT, 680 544
     6     NIDHIN
           AGED 26 YEARS
           S/O.BHASKARAN, RESIDING AT KILLINAMPURATH HOUSE,
           KATTAKAMBAL VILLAGE AMSOM, POST KATTAKAMBAL, KUNNAMKULAM
           TALUK, THRISSUR DISTRICT, 680 544
           BY ADV RAJIT (K/1127/1993)-20137
 BAIL APPL. NO. 4302 OF 2021
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RESPONDENT/S:

           STATE OF KERALA
           REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA.
OTHER PRESENT:

           SR.PP SRI.NOUSHAD K.A


     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03.06.2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NO. 4302 OF 2021
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                       BECHU KURIAN THOMAS, J.
                 ========================
                           B.A.No.4302 of 2021
                 ------------------------------------------------
                          Dated this the 3rd day of June, 2022

                                       ORDER

This is an application for anticipatory bail under Section 438 of

the Code of Criminal Procedure, 1973.

2. Petitioners are accused in Crime No.437/2021 of

Kunnamkulam Police Station, Thrissur District alleging offences

punishable under Sections 143, 147, 148, 452, 324, 326, 307, 354

and 427 r/w 149 of IPC.

3. The prosecution case is that on 11.02.2021 petitioners

had formed themselves into an unlawful assembly at about 8.00

p.m. in prosecution of their common object to commit murder of the

de facto complainant by beating him with iron rods on the head, and

with a sword on the legs. The wife of the de facto complainant also

sustained injury on her head and a fracture of the arm due to

assault by an iron rod and further, destroyed a motor bike causing a

loss of more than Rs.20,000/-.

4. Sri.Rajit, learned Counsel for the petitioners submitted

that the petitioners are totally innocent and the de facto BAIL APPL. NO. 4302 OF 2021

complainant and other injured are neighbours of the petitioners and

that the allegations are levelled on the basis of enmity.

5. Learned Public Prosecutor Sri.Noushad K.A. on

instructions submitted that 5th petitioner is not arrayed as an

accused and there is no need for any apprehension of arrest, as far

as he is concerned. It was further submitted that petitioners 1 to 4

have committed serious offences and custodial interrogation is

essential.

6. The accused are alleged to have formed themselves into

an unlawful assembly on 11.02.2021 and trespassed into the house

of the de facto complaint and attacked him and his wife with iron

rods. The investigation is still going on and further recovery of

weapons are required. On a perusal of the wound certificate handed

over by the learned Public Prosecutor, I notice that serious injuries

were sustained to the de facto complainant as well as to another

person due to the attack by petitioners 1 to 4 and 6. Custodial

interrogation is therefore required and hence pre-arrest bail cannot

be granted to the petitioners 1 to 4 and 6..

6. Considering the circumstances arising in this case and on

appreciating the arguments raised by both sides, I am of the view

that the nature of offences alleged against the petitioners, do not

warrant the grant of bail at this stage. The submission that 5 th BAIL APPL. NO. 4302 OF 2021

petitioner is not arrayed as an accused is recorded.

In view of the above, this Bail Application is dismissed.

sd/

BECHU KURIAN THOMAS JUDGE jm/