Kerala High Court
Ananthu vs State Of Kerala on 20 June, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
TUESDAY, THE 20TH DAY OF JUNE 2023 / 30TH JYAISHTA, 1945
BAIL APPL. NO. 4686 OF 2023
CRIME NO.459/2023 OF ANCHALUMMOODU POLICE STATION, KOLLAM
AGAINST THE ORDER/JUDGMENT CRMC 1136/2023 OF DISTRICT COURT &
SESSIONS COURT,KOLLAM
PETITIONER/ACCUSED NO.4:
ANANTHU
AGED 23 YEARS
S/O ANIL KUMAR,
KARUTHALA THEKKATHIL,THRIKKARUVA VILLAGE
PRAKKULAM,KOLLAM, PIN - 691 602.
BY ADVS.
V.I.RAHUL
SHIFA LATHEEF
DERIN C. JOY
RESPONDENTS/STATE AND COMPLAINANT :
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,ERNAKULAM - 682 031.
2 SUB INSPECTOR OF POLICE/ISHO
ANCHALUMOODU POLICE STATION,
KOLLAM DISTRICT, PIN - 691 601.
SR.PP.T.V.NEEMA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
20.06.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
BAIL APPL.4686/2023
2
BECHU KURIAN THOMAS, J
...........................................
B.A.No.4686 of 2023
.....................................
Dated this the 20th day of June, 2023
ORDER
This is an application for regular bail filed under Section 439 of the
Code of Criminal Procedure 1973.
2. Petitioner is the 4th accused in Crime No.459/2023 of Anchalumoodu
Police Station, Kollam District, alleging offences punishable under
Sections 294(b), 323, 324, 452, 427, and 307 r/w Section 34 of the
Indian Penal Code, 1860
3. According to the prosecution, on 07.05.2023 at about 10.45 p.m.,
the accused along with other accused persons, had in furtherance of
their common intention, trespassed into the house of the defacto
complainant and hacked him with a sword and thereby attempted to
commit murder and also assaulted the mother of the defacto
complainant and destroyed the window panes and glasses and
thereby committed the offences alleged.
4. Sri.V.I.Rahul, the learned counsel for the petitioner submitted that
the entire prosecution allegations are false and that the incident as
alleged had never occurred. It was submitted that petitioner was
BAIL APPL.4686/2023
arrested on 09.05.2023 and has been in custody since then.
5. Smt.T.V.Neema, the learned Public Prosecutor, opposed the grant of
bail and submitted that the allegations against the petitioner are
serious in nature.
6. The specific overt act of hacking the defacto complainant is alleged
against the 2nd accused. The petitioner herein is the 4th accused, and
he is alleged to have destroyed the window panes and glasses along
with the other accused.
7. Having regard to the nature of allegation and the period of detention
already undergone from 09.05.2023, I am of the view that further
detention of the petitioner is not necessary, especially since, the
investigation has advanced substantially. Therefore, petitioner is
entitled to be released on bail.
8. In the result, this application is allowed on the following conditions:-
(a) Petitioner shall be released on bail on him
executing a bond for Rs.50,000/- (Rupees fifty thousand
only) with two solvent sureties each for the like sum
to the satisfaction of the court having jurisdiction.
(b) Petitioner shall appear before the Investigating
Officer as and when required.
(c) Petitioner shall not intimidate or attempt to
BAIL APPL.4686/2023
influence the witnesses; nor shall he tamper with the
evidence.
(d) Petitioner shall not commit any similar offences
while he is on bail.
(e) Petitioner shall not leave India without the
permission of the Court having jurisdiction.
In case of violation of any of the above conditions, the jurisdictional
Court shall be empowered to consider the application for
cancellation, if any, and pass appropriate orders in accordance with
the law, notwithstanding the bail having been granted by this Court.
BECHU KURIAN THOMAS
JUDGE
AMV/20/06/2023
