Ansal H.O vs State Of Kerala
2023 Latest Caselaw 10967 Ker

I            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
             THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
    THURSDAY, THE 26TH DAY OF OCTOBER 2023 / 4TH KARTHIKA, 1945
                      BAIL APPL. NO. 8990 OF 2023
 AGAINST THE ORDER/JUDGMENT CRMC 2754/2023 OF DISTRICT COURT &
                       SESSIONS COURT, ERNAKULAM
          (CRIME NO.1725 OF 2023 OF PANANGAD POLICE STATION)
PETITIONER

             ANSAL H.O,
             AGED 27 YEARS
             S/O HANEEFA O.A,OTTAPARAMBU, ERAMAN,MUPPATHADAM.P.O,
             ALUVA ERNAKULAM, PIN - 683110
             BY ADVS.
             SAM ISAAC POTHIYIL
             S.SURAJA
             NEETHU SATHEESH
             MUHAMMED SUHAIR C.A
             RAMU SUBHASH

RESPONDENT/S:

      1      STATE OF KERALA
             REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
             KERALA, PIN - 682031
      2      THE STATION HOUSE OFFICER,
             PANANGAD POLICE STATION, ERNAKULAM DISTRICT,, PIN -
             682506
OTHER PRESENT:

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


      THIS    BAIL   APPLICATION   HAVING    COME   UP   FOR   ADMISSION   ON
26.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 B.A. No. 8990 of 2023
                                  2



                   MOHAMMED NIAS C.P, J.
                 ---------------------------------------------
                    B.A. No.8990 of 2023
          ------------------------------------------------------
          Dated this the 26th day of October, 2023


                           ORDER

This is an application for anticipatory bail filed by the

petitioner under Section 438 of the Code of Criminal Procedure.

2. The petitioner is the 2nd accused in Crime No. 1725/2023

of Panangad Police Station, which was registered for the

offences punishable under Sections 341, 323, 324, 326, 307,

327, 452 read with Section 34 of IPC.

3. The allegation against the petitioner is that the petitioner,

along with the 1st accused due to the previous animosity

towards the defacto complainant, criminally trespassed into the

residence of the defacto complainant, armed with deadly

weapons, beat her father using an iron stick. The 1st accused

also beat on his hands and legs, causing fractures and injuries.

On seeing this, the mother of the defacto complainant intervened

to save her husband. The 1st accused also beat her, causing

serious injuries on her head. They further caused damage to the B.A. No. 8990 of 2023

household items of the defacto complainant. Thus, the petitioner

and the other accused have committed the aforesaid offences.

4. Heard the learned counsel appearing for the

petitioner and the learned Public Prosecutor for the State.

5. The learned counsel for the petitioner submits that the

petitioner is innocent of all the allegations.

6. The learned Public Prosecutor opposes the prayer

sought by the petitioner.

Taking into consideration the allegations raised against

the petitioner of having caused injuries and also the fact that he

has criminal antecedents including under Section 302 of IPC in

the year 2021, I do not think this as a fit case in which

anticipatory bail can be granted to the petitioner as it might

adversely affect the investigation. In such circumstances, I do

not find any merit in this application, and accordingly, the same

is dismissed.

Sd/-

                                       MOHAMMED NIAS C.P

smm                                           JUDGE
 B.A. No. 8990 of 2023





                    APPENDIX OF BAIL APPL. 8990/2023

PETITIONER ANNEXURES
Annexure A1       . THE TRUE COPY OF THE ORDER DATED
                  03.10.2023 PASSED BY THE HON'BLE
                  DISTRICT AND SESSION COURT ERNAKULAM
                  IN CRL, M.C. NO 2754 /2023 IS PRODUCED
                  HEREWITH AND MARKED