Shibu vs State Of Kerala
2022 Latest Caselaw 10934 Ker

Citation : 2022 Latest Caselaw 10934 Ker
Judgement Date : 3 November, 2022

Kerala High Court

Shibu vs State Of Kerala on 3 November, 2022

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
                THE HONOURABLE MR.JUSTICE K. BABU
 THURSDAY, THE 3RD DAY OF NOVEMBER 2022 / 12TH KARTHIKA, 1944
                   BAIL APPL. NO. 8004 OF 2022
   AGAINST THE ORDER/JUDGMENT CRMC 1967/2022 OF ADDITIONAL
DISTRICT COURT & SESSIONS COURT - IV, THIRUVANANTHAPURAM / I
                         ADDITIONAL MACT
        CRIME NO.795/2022 OF VATTIYOORKAVU POLICE STATION,
                    THIRUVANATHAPURAM DISTRICT
PETITIONERS/A1 TO A4:

    1       SHIBU,
            AGED 45 YEARS,
            S/O. SUKUMARAN,
            T.C.4/79, KURAVANKONAM,
            THIRUVANANTHAPURAM DISTRICT.
            PIN - 695003

    2       VISHNU,
            AGED 23 YEARS,
            S/O. SURESH KUMAR,
            ARALUMOODU, NEYYATTINKARA,
            THIRUVANANTHAPURAM DISTRICT.
            PIN - 695123

    3       DEEPU RAJ,
            AGED 32 YEARS
            S/O. BABU,
            MURINJAPALAM, THIRUVANANTHAPURAM DISTRICT.
            PIN - 695003

    4       SUBIL,
            AGED 22 YEARS,
            S/O. SHAJI,
            JIBU BHAVAN, BALARAMAPURAM,
            THIRUVANANTHAPURAM DISTRICT.
            PIN - 695501

            BY ADV SHAJIN S.HAMEED
 B.A.No.8004 of 2022
                                     2




RESPONDENT/STATE:

             STATE OF KERALA
             REPRESENTED BY THE PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA, ERNAKULAM.,
             PIN - 682031
             BY




             BY ADV.
             PP - M.C.ASHI


      THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
03.11.2022,       THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 B.A.No.8004 of 2022
                                           3


                                     K.BABU, J.
                       -------------------------------------------
                              B.A No. 8004 of 2022
                      ---------------------------------------------
               Dated this the 3rd day of November, 2022
                                     ORDER

This application is filed under Section 438 of the Code of

Criminal Procedure.

2. The learned counsel for the petitioners sought

permission to withdraw the petition as against petitioner No.1.

Therefore, the petition as against petitioner No.1 is dismissed as

withdrawn with liberty to petitioner No.1 to approach the Sessions

Court, if he is so advised.

3. Petitioners No.2 to 4 are accused No.2 to 4 in Crime

No.795/2022 of Vattiyoorkavu Police Station, Thiruvananthapuram.

The offences alleged are punishable under Sections 294(b), 323,

324 & 308 of IPC.

4. The prosecution case is that on 11.09.2022 at 9.45

p.m., while the defacto complainant and his friend were standing

on the Public Road at Vattiyoorkavu, accused No.1 and the

petitioners came there and showered abusive words against the

defacto complainant. The defacto complainant questioned the act B.A.No.8004 of 2022

of the accused. The petitioners and the other accused voluntarily

caused hurt to the defacto complainant. They committed the

above acts in furtherance of their common intention with the

knowledge that if they by that act caused death of the defacto

complainant they would be guilty of culpable homicide not

amounting to murder.

5. The case of petitioners 2 to 4 is that they are innocent

of the allegations and they have not committed any acts as

alleged.

6. The learned Public Prosecutor opposed the bail plea of

petitioners 2 to 4 on the ground that the custodial interrogation of

the petitioners is required and the weapon used is to be

recovered.

7. The report of the Investigating Officer shows that

accused No.1 alone used the weapon. The Case Diary reveals that

petitioners 2 to 4 have not used any weapon as alleged.

8. The learned counsel for the petitioners submitted that

petitioners 2 to 4 happened to be in the scene of occurrence being

the friends of accused No.1. The learned counsel further

submitted that the petitioners are prepared to co-operate with the

investigation. The petitioners have no criminal antecedents . B.A.No.8004 of 2022

9. Having regard to the nature of the overt acts alleged

against petitioners 2 to 4 and the further fact that the petitioners

have not used any weapon, I am of the view that petitioners 2 to

4 could establish a prima facie case. Therefore, petitioners 2 to 4

are entitled to the extraordinary relief contemplated in Section

438 of the Cr.P.C.

In the result, this Bail Application is allowed as follows :-

(i) Petitioners 2 to 4 shall appear before the Investigating Officer on 10.11.2022, for interrogation.

(ii) The Station House Officer, Vattiyooorkavu Police Station is directed to release petitioners 2 to 4 on bail, in the event of their arrest, on their executing bond for Rs.50,000/- (Rupees Fifty Thousand only) each with two solvent sureties each for the like sum.