Kerala High Court
Rahul R vs State Of Kerala on 1 November, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 1ST DAY OF NOVEMBER 2023 / 10TH KARTHIKA, 1945
BAIL APPL. NO. 8442 OF 2023
CRIME NO.367/2023 OF Kanakakunnu Police Station, Alappuzha
AGAINST THE ORDER/JUDGMENT CRMP 3771/2023 OF DISTRICT &
SESSIONS COURT, ALAPPUZHA
PETITIONER/ACCUSED NO.2
AKHIL,
AGED 28 YEARS
S/O SUDHAKARAN KOLADETHETHUTHEKKETHIL @ CHENATHU
HOUSE ERUVA, PATHIYOOR P.O. ALAPPUZHA DISTRICT,
PIN - 690508
BY ADVS.
S.SHANAVAS KHAN
S.INDU
KALA G.NAMBIAR
RESPONDENT/COMPLAINANT
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 THE STATION HOUSE OFFICER
KANAKAKUNNU POLICE STATION ALAPPUZHA, PIN - 69050
OTHER PRESENT:
SRI. P..G MANU (MAMMALASSERY) SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
01.11.2023, ALONG WITH Bail Appl..8496/2023, 8734/2023, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A. No. 8496 of 2023 and connected
cases.
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 1ST DAY OF NOVEMBER 2023/10TH KARTHIKA,
1945
BAIL APPL. NO. 8496 OF 2023
CRIME NO.367/2023 OF Kanakakunnu Police Station,
Alappuzha
PETITIONERS/ACCUSED 5-7
1 JISHNU @ VAVA
AGED 19 YEARS
S/O KRISHNADAS RESIDING @ KRISHNALAYAM
ERUVA.P.O, KAYAMKULAM, PIN - 690572
2 ANANDHU KRISHNAN J
AGED 22 YEARS
S/O JANARDHANAN RESIDING @ ANANDHALAYAM,
ERUVA.P.O, KAYAMKULAM, PIN - 690572
3 VISHNU
AGED 22 YEARS
MANNANJIYIL PADEETTATHIL,ERUVA.P.O,
KAYAMKULAM, PIN - 690572
BY ADV R.KISHORE (KALLUMTHAZHAM)
RESPONDENTS/STATE
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 STATION HOUSE OFFICER
KANAKAKUNNU POLICE STATION, KANAKAKUNNU,
ALAPPUZHA, PIN - 691502
BY SR.PP SMT.T. V NEEMA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 01.11.2023, ALONG WITH Bail Appl..8442/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING
B.A. No. 8496 of 2023 and connected
cases.
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 1ST DAY OF NOVEMBER 2023 / 10TH KARTHIKA,
1945
BAIL APPL. NO. 8734 OF 2023
CRIME NO.367/2023 OF Kanakakunnu Police Station,
Alappuzha
PETITIONERS/ACCUSED 1,4 AND 7
1 RAHUL R
AGED 25 YEARS
S/O. RAJESH, AMBAKKATTUMEKKATHUL, ERUVA P.O,
KAYAMKULAM, ALAPPUZHA DISTRICT, PIN - 690572
2 UNNIKRISHNAN
AGED 26 YEARS
S/O.SATHEESAN, ASWATHY, ERUVA P.O, KAYAMKULAM,
ALAPPUZHA DISTRICT, PIN - 690572
3 VISHNU
AGED 25 YEARS
S/O. KRISHNDAS, KRISHNALAYAM, ERUVA P.O,
KAYAMKULAM, ALAPPUZHA DISTRICT, PIN - 690572
BY ADVS.
M.G.SREEJITH
P.JAYA
VIDYAJITH M.
SWAPNALEKHA K.T.
ROJIN DEVASSY
ANIL KUMAR P.T.
BINCY JOSE
RESPONDENTS/STATE
1 STATE OF KERALA
REPRESENTED THE PUBLIC PROSECUTOR, HIGH COURT
OF KERALA, KOCHI, PIN - 682031
B.A. No. 8496 of 2023 and connected
cases.
4
2 THE STATION HOUSE OFFICER
KANAKAKKUNNU POLICE STATION OF ALAPPUZHA
DISTRICT, PIN - 690572
BY SR.PP SRI. P.G. MANU
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 01.11.2023, ALONG WITH Bail Appl..8442/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A. No. 8496 of 2023 and connected
cases.
5
MOHAMMED NIAS C.P, J.
---------------------------------------------
B.A. Nos.8442, 8496 and 8734 of 2023
------------------------------------------------------
Dated this the 1st day of November, 2023
ORDER
Apprehending arrest in Crime No.367 of 2023 of
Kanakakunnu police station registered for offences under
Sections 143,144,147,148,324,326 read with Section 149 of
IPC, the petitioners/accused Nos.1,2,4,5,6 and 7 have filed
these petitions seeking pre-arrest bail.
2. The prosecution allegation is that due to previous
animosity, one of the friends of the defacto complainant, named
Ullas, had entered into a quarrel with one Akhil Basuran, the 2nd
accused, who is a friend of the said Akhil Basuran with an
intention to cause hurt to the defacto complainant and his
friends, on 28.08.2023 at about 11.30 p.m, contacted accused
Nos.1 and 3 to 7 over phone and called them to the scene of
occurrence in this case. Accordingly, the accused formed
themselves into an unlawful assembly and in the prosecution of
B.A. No. 8496 of 2023 and connected
cases.
the common object of the said assembly, the 1st accused beat
on the forehead of the friend of the defacto complainant named
one Gokul by using a stick, causing injuries including a fracture
and accused Nos.3 to 7 assaulted the other friends of the
defacto complainant using sticks. Hence, the petitioners have,
therefore, committed the aforesaid offences.
3. The learned counsel appearing for the petitioners and
the learned Public Prosecutor were heard.
4. After hearing the learned counsel for the petitionerS and
the learned Public Prosecutor, and considering the fact that the
specific overt act has been alleged against the 1 st petitioner in
B.A.No.8734 of 2023/1st accused, I am of the view that the 1st
petitioner/1st accused is not entitled to get anticipatory bail as it
will adversely affect a proper investigation. In the event the 1st
accused surrenders before the Investigating Officer in two
weeks, he shall be interrogated and, thereafter, shall be
produced before the Magistrate having jurisdiction on the date of
surrender itself. If the 1st accused moves for bail, the court
below shall, untrammelled by any of the observations in this
order, consider the bail application on merits as expeditiously as
B.A. No. 8496 of 2023 and connected
cases.
possible. If the 1st accused does not surrender before the
Investigating Officer, as directed above, the Investigating Officer
will be free to arrest the 1st accused as if no order has been
passed in this case.
5. Considering the fact that the wound certificate as
such does not disclose the fracture, the fact that the defacto
complainant was shifted to a private hospital and that specific
overt act has been alleged only against the 1 st accused, and
there are no overt acts alleged against the other petitioners, I
am inclined to grant anticipatory bail to the other
petitioners/accused Nos.2, 4, 5, 6 and 7 on the following
conditions:-
1. The petitioners are directed to surrender before the
Investigating Officer within a week from today, and on such
surrender, the Investigating Officer can interrogate the
petitioner. In the event of their arrest, the Investigating officer
shall produce the petitioners before the jurisdictional court on
the date of surrender itself.
B.A. No. 8496 of 2023 and connected
cases.
2. On such production, the jurisdictional court shall
release the petitioners on bail, on executing a bond for
Rs.25,000/- (Rupees Twenty five thousand only) each by the
petitioner and by two solvent sureties each for the like sum to
the satisfaction of the jurisdictional court.
3. The petitioners shall cooperate with the investigation
and shall make themselves available for interrogation and for
the purpose of investigation as and when the Investigating
Officer directs them to do so.
4. The petitioners shall not intimidate the witnesses or
interfere with the Investigation in any manner.
5. The petitioners shall not be involved in any similar offence
while on bail or leave the Country without the prior permission of
the Court concerned.
In the event the petitioner violates any of the above
conditions, the Court below will be empowered to consider the
application for cancellation of the bail, in accordance with law.
Accordingly, the application with respect to the 1 st accused
B.A. No. 8496 of 2023 and connected
cases.
in B.A.No.8734 of 2023 shall stand disposed of as above and
B.A. Nos.8496 and 8442 of 2023 are allowed accordingly.
Sd/-
MOHAMMED NIAS C.P
smm JUDGE
B.A. No. 8496 of 2023 and connected
cases.
APPENDIX OF BAIL APPL. 8496/2023
PETITIONER ANNEXURES
Annexure :A1 THE TRUE COPY OF THE FIR NUMBERED AS
367/2023 OF KANAKAKUNNU POLICE STATION
DATED 30.08.2023
B.A. No. 8496 of 2023 and connected
cases.
APPENDIX OF BAIL APPL. 8734/2023
PETITIONER ANNEXURES
Annexure 1 TRUE COPY OF FIR IN CRIME NO.367/2023
OF KANAKAKKUNNU POLICE STATION,
ALAPPUZHA DATED 30-08-2023
B.A. No. 8496 of 2023 and connected
cases.
APPENDIX OF BAIL APPL. 8442/2023
PETITIONER ANNEXURES
Annexure A TRUE COPY OF THE FIR IN CRIME NO.
367/2023 OF KANAKAKUNNU POLICE
STATION, ALAPPUZHA
Annexure B TRUE COPY OF THE ORDER DATED
19/09/2023 IN CRL. M.P NO. 3771/2023
OF THE HON'BLE COURT OF SESSIONS
JUDGE, ALAPPUZHA
