Prajeesh vs State Of Kerala
2023 Latest Caselaw 11425 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
         THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 8TH DAY OF NOVEMBER 2023 / 17TH KARTHIKA, 1945
                  BAIL APPL. NO. 9263 OF 2023
  CRIME NO.1040/2023 OF ANCHALUMMOODU POLICE STATION, KOLLAM
AGAINST THE ORDER/JUDGMENT CRMC 2110/2023 OF DISTRICT COURT &
                     SESSIONS COURT,KOLLAM


PETITIONER/1ST ACCUSED:


          PRAJEESH
          AGED 42 YEARS, S/O.SUKESAN,
          MOOLAVILA VEEDU, CHARKADU,
          PERINADU, PANAYAM VILLAGE,
          KOLLAM DISTRICT -, PIN - 691601

          BY ADVS.
          K.SIJU
          ANJANA KANNATH


RESPONDENTS/STATE:


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

          THE STATION HOUSE OFFICER
    2     ANCHALUMMOODU POLICE STATION,
          KOLLAM DISTRICT, PIN - 691601

          BY SRI. P.G. MANU (MAMMALASSERY), SR.PP


     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
08.11.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 B.A.No.9263 of 2023
                                  :2:


                             ORDER

Dated this the 8th day of November, 2023

Apprehending arrest in Crime No.1040 of 2023 of

Anchalummoodu Excise Range Office, Kollam, registered for

offence under Section 143, 147, 148, 149, 212, 294(b), 341,

323, 506(ii), 427 and 308 r/w 149 the Indian Penal Code, the

1st accused has filed this petition.

2. The prosecution allegation is that the defacto

complainant is the manager of Lake Palace Bar,

Anchalummoodu. On 24.09.2023 at around 8. p.m., A1 and

A2, who came to the bar to consume liquor, created a ruckus

in the bar and committed mischief in the bar by dismantling

the freezer kept therein, causing a loss of Rs.30,000/-. The

defacto complainant, the manager of the said bar,

complained about the matter to the police. Due to the said

enmity, on the same day at around 10. p.m., accused, 10 in

number, formed themselves into an unlawful assembly with

the intent to attack the defacto complainant, and when the

defacto complainant was proceeding on his scooter, the

accused wrongfully restrained him, dragged him from the B.A.No.9263 of 2023

scooter and brutally manhandled him. The accused

indiscriminately kicked on his chest and attempted to commit

culpable homicide, not amounting to murder. The accused

also criminally intimidated the defacto complainant and the

employees of the bar by showing a knife. The accused also

caused damage to the scooter, causing loss of Rs.18,000/-.

The accused thereby committed the aforementioned offences.

3. The learned counsel appearing for the petitioner and

the learned Public Prosecutor were heard.

4. Considering the allegations against the petitioner, it

cannot be said that the offences alleged are not attracted in

the case. That apart, there are several antecedents reported

against the petitioner. In such circumstances, I am not

inclined to grant anticipatory bail as it will adversely affect a

proper investigation.

5. Therefore, the following directions are issued:-

In the event the petitioner 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 B.A.No.9263 of 2023

petitioner 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 possible. If the

petitioner does not surrender before the Investigating Officer,

as directed above, the Investigating Officer will be free to

arrest the petitioner as if no order has been passed in this

case.

The bail application is disposed of as above.

Sd/-

MOHAMMED NIAS C.P., JUDGE mtk B.A.No.9263 of 2023

APPENDIX OF BAIL APPL. 9263/2023

PETITIONER ANNEXURES

THE COPY OF FIR IN CRIME NO.1040/2023 OF Annexure A1 ANCHALUMMOODU POLICE STATION DATED 25.09.2023

THE COPY OF ORDER IN CRL.M.C NO.2110/2023 Annexure A2 DATED 9.10.2023 ON THE FILE OF SESSIONS COURT, KOLLAM