Aneesh.R vs State Of Kerala
2023 Latest Caselaw 431 Ker

Citation : 2023 Latest Caselaw 431 Ker
Judgement Date : 11 January, 2023

Kerala High Court

Aneesh.R vs State Of Kerala on 11 January, 2023

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
             THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 11TH DAY OF JANUARY 2023 / 21ST POUSHA, 1944
                  BAIL APPL. NO. 9330 OF 2022
PETITIONER/S:

         ANEESH.R
         AGED 36 YEARS
         KALAVELIL VADAKUKOCHUMURI,
         GOVINDAMUTTOM P.O., PUTHUPPALLY,
         ALAPPUZHA., PIN - 690527

         BY ADV GOKUL D. SUDHAKARAN



RESPONDENT/S:

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

    2    THE SUB INSPECTOR OF POLICE
         KAYAMKULAM POLICE STATION,
         KAYAMKULAM, ALAPPUZHA., PIN - 690502

         BY ADV PUBLIC PROSECUTOR



OTHER PRESENT:

         PP - NIMA JACOB



     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 11.01.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 B.A.No. 9330 of 2022

                                              2



                               VIJU ABRAHAM, J
                           .....................................
                            B.A. No. 9330 of 2022
               .................................................................
               Dated this the 11h day of January, 2023


                                        ORDER

This is an application for pre-arrest bail.

2. The petitioner is the 6th accused in Crime

No.924/2022 of Kayamkulam Police Station, Alappuzha

registered alleging commission of offences punishable under

sections 143, 147, 148, 149, 323, 324 and 326 of Indian Penal

Code.

3. The prosecution case is that on 02-10-2022 at about

01.30 am, the accused on taking revenge on the defacto

complainant and his friend in connection with a previous

incident, formed themselves into an unlawful assembly and

reached near Devikulangara Temple where the defacto

complainant was talking with his friends, A1 struck the left hand

of defacto complainant with a sword, A6 tried to struck the

defacto complainant with an axe, A2 attacked him with a stump

on his back. Friend of the defacto complainant named Adarsh

was also attacked by A1 and A3 causing injury on his neck and

head with swords, he was also again attacked by the A3 and A4 B.A.No. 9330 of 2022

with a stump causing fracture on his jaw and teeth. Thus, the

accused persons had committed the offences .

4. I have heard the learned counsel appearing for the

petitioner as well as the learned Public Prosecutor.

5. The learned counsel appearing for the petitioner

submits that he has been falsely implicated in the above said

crime. It is also submitted that in B.A.No.8171/2022 the 9 th

accused is already granted pre-arrest bail by this Court. It is

further submits that the petitioner has no other criminal

antecedents.

6. When the matter is came up for consideration on

earlier occasion, this Court has directed the petitioner to

surrender and co-operate with the investigation. The learned

Public Prosecutor upon instructions submitted that the

petitioner has appeared and co-operated with the investigation.

7. Considering the facts and circumstances of case and

nature of the allegation, I am inclined to grant bail to the

petitioner with the following directions:

Petitioner shall surrender before the investigating officer

in Crime No.924/2022 of Kayamkulam Police Station, Alappuzha

on 18.01.2023 at 10 a.m. In the event of arrest in Crime B.A.No. 9330 of 2022

No.924/2022 of Kayamkulam Police Station, Alappuzha, he shall

be produced before the Jurisdictional Court on the very same

day and shall be released on bail on the following conditions:

(i) Petitioner shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the likesum to the satisfaction of the jurisdictional court ;

(ii) Petitioner shall appear before the investigating officer in Crime No.924/2022 of Kayamkulam Police Station, Alappuzha, as and when summoned to do so by the Investigating Officer;

(iii) Petitioner shall not attempt to (contact the victim or the defacto complainant) or interfere with the investigation or to influence or intimidate any witness in Crime No.924/2022 of Kayamkulam Police Station, Alappuzha;