Ajin. B vs State Of Kerala
2023 Latest Caselaw 27 Ker

Citation : 2023 Latest Caselaw 27 Ker
Judgement Date : 6 January, 2023

Kerala High Court

Ajin. B vs State Of Kerala on 6 January, 2023

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                    THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
         FRIDAY, THE 6TH DAY OF JANUARY 2023 / 16TH POUSHA, 1944
                         BAIL APPL. NO. 10465 OF 2022
PETITIONERS/ACCUSED 1 & 2:

     1       AJIN. B
             AGED 28 YEARS
             S/O BINU L , RESIDING AT THUMBAVILAKAM, THALANIRA PUTHAN
             VEEDU, EDAVAL ,OTTASEKHARMANGALAM P.O,
             THIRUVANANTHAPURAM, PIN - 695125

     2       DEEPU S
             AGED 29 YEARS
             RESIDING AT KALAYIL, OTTASEKHARAMANGALAM P. O,
             THIRUVANANTHAPURAM, PIN - 695129

             BY ADV SASTHAMANGALAM S. AJITHKUMAR



RESPONDENTS/STATE & COMPLAINANT:

     1       STATE OF KERALA
             REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
             PIN - 682031

     2       HAMI J.K.
             S/O. JOHN KULEENAN, RESIDING AT JOHN VILAS,
             OTTASEKHARAMANGALAM P.O., THIRUVANANTHAPURAM IS IMPLEADED
             AS PER ORDER DATED 06.01.2023 IN CRL.M.A.NO.1 OF 2023

             BY ADVS.
             J.G.SYAMNATH


OTHER PRESENT:

             PP:SEETHA.S


     THIS    BAIL     APPLICATION   HAVING    COME   UP   FOR   ADMISSION   ON
06.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 B.A. No. 10465 of 2022                    2


                 VIJU ABRAHAM, J.
               -------------------
              B.A. No. 10465 of 2022
        ----------------------------------
     Dated this the 6th day of January, 2023

                                  ORDER

Application for anticipatory bail.

2. Petitioners are accused Nos. 1 and 2 in Crime

No.844 of 2022 of Ariyancode Police Station,

Thiruvananthapuram registered alleging commission

of offences punishable under Sections 294(b),447,

341,323,324,326,308 & 34 of the IPC.

3. The prosecution allegation is that, on

18.11.2022 at 5.00 pm, A1 and A2 wrongfully

restrained the defacto complainant, then verbally

abused and beat him with a wooden plank. After the

defacto complainant fled inside his own home, A1 and

A2 pursued him and struck him, and thereby committed

the above said offences.

4. The petitioners submit that they have been

falsely implicated in the above said crime. The

specific case of the petitioners is that one Lalu

Christopher and his brother Hami Christopher, who is

the defacto complainant, were having a contentious

fight and the defacto complainant was attacked on a

mistaken notion that he is supporting the said Lalu

Christopher.

5. The defacto complainant entered appearance

through counsel and opposed the application for

bail, mainly contending that he sustained serious

injuries in the alleged incident and his further

contention is that he and his brother have no

relationship with Lalu Christopher as contended by

the petitioners herein.

6. Heard the learned counsel for the petitioners

and the learned Public Prosecutor.

7. Learned Public Prosecutor also opposed the

application for bail mainly contending that the

defacto complainant was attacked with a wooden

reaper and he sustained fracture on left ear and

also sustained injury on various part of the body.

Learned Public Prosecutor further submitted that the

1st petitioner is an accused in an NDPS case in Crime

No.111 of 2017 of Kadamalakkundu Police Station,

Tamil Nadu. Learned Public Prosecutor further

submitted that serious overt acts are alleged

against the 1st petitioner and allegation against the

2nd petitioner is that he along with the 1 st

petitioner attacked the defacto complainant.

Having regard to the facts and circumstances of

the case, and nature of the allegations, and taking

into consideration, serious overt acts are alleged

against the 1st petitioner, I am not inclined to

grant anticipatory bail to the 1st petitioner, but

I am inclined to grant anticipatory bail to the 2 nd

petitioner, but on stringent conditions. The above

bail application is allowed in part with the

following directions. The 2nd petitioner shall

surrender before the investigating officer on

12.01.2023 and make himself available for

interrogation on that day or on any other day or

days as directed by the investigating officer. In

the event of arrest of the 2nd petitioner in Crime

No.844 of 2022 of Ariyancode Police Station, he

shall be produced before the jurisdictional

Magistrate on the same day and be released on bail

on the following conditions:

(i) The 2nd petitioner shall execute a bond for sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court;

(ii) The 2nd petitioner shall appear before the investigating Officer in Crime No.844 of 2022 of Ariyancode Police Station, on every Saturday at 11 am, till the final report is filed and shall also co-operate with the investigation as and when summoned to do so;

(iii) The 2nd petitioner shall not tamper with any evidence;

(iv) The 2nd petitioner shall not directly or indirectly make any inducement, threat or promise to any witness acquainted him from disclosing such facts to the court or to any police officer;