Partly allowed

Sachin K.J. v. State of Kerala

Kerala HC19 Sept 2018Bail Appl./4793/2018

Case brief

AI extract

What is this about?

The court partly allowed an application for anticipatory bail filed by five accused persons. The application was dismissed for the first applicant due to criminal antecedents, but allowed for the other four, subject to conditions including cooperation with investigation and financial bonds.

What did the court decide?

Anticipatory bail allowed for Applicants Nos. 2 to 5 upon execution of bond for Rs. 50,000/- each with two sureties, subject to conditions of cooperation with investigation.

Sachin K.J. Vs State of Kerala — Anticipatory Bail | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

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WEDNESDAY,THE 19TH DAY OF SEPTEMBER 2018 / 28TH BHADRA, 1940

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Bail Appl..No. 4793 of 2018

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CRIME NO.403/2018 OF HOSDURG POLICE STATION, KASARGOD

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PETITIONER/ACCUSED:

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1 SACHIN K.J., S/O CHANDRAN,"MOOVARIKUND HOUSE", KANHANGAD SOUTH.P.O, KASARAGOD-671531.

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2 SUJESH.C.V., S/O.SURESAN,AGED 38 YEARS,"MOOVARIKUND HOUSE",PADANNAKAD, KANHANGAD, KASARAGOD-671531.

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3 SUBESH.C.V., S/O SURESAN,AGED 25 YEARS, "MOOVARIKUND HOUSE",PADANNAKAD, KANHANGAD,KASARAGOD-671531.

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4 KISHORE M.J., S/O BALAKRISHNAN,AGED 23 YEARS, "MAVILAVALAPPIL HOUSE",MOOVARIKUND, KANHANGAD SOUTH.P.O,KASARAGOD-671531.

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5 JITHIN MOHAN, S/O MOHANAN, AGED 25 YEARS,"M.K.HOUSE,PATTAKKAL, KANHANGAD SOUTH.P.O,KASARAGOD-671531.

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BY ADV. SRI.P.K.SUBHASH

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RESPONDENT/S:

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STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM-682031.

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BY PUBLIC PROSECUTOR SMT V.SREEJA

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19.09.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No. 4793 of 2018 2

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ORDER

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This application is filed under Section 438 of the Code of

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Criminal Procedure.

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The applicants herein are accused Nos.2, 6, 8, 9 & 10 in Crime No.403 of 2018 registered at the Hosdurg Police Station under Sections 143, 147, 148, 341, 324, 308 r/w Section 149 IPC.

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The prosecution allegation is that on 14.04.2018 at midnight, the applicants herein along with rest of the accused formed an unlawful assembly with the requisite knowledge and in prosecution of their common object, wrongfully restrained the de facto complainant and attacked him with weapons causing multiple injuries.

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The learned counsel appearing for the applicants submits that going by the FI statement it would appear that the de facto complainant was inflicted with very serious injuries. However, the wound certificate would not corroborate the case of the de facto complainant. According to the learned counsel, the applicants herein as well as the de facto complainant belong to rival political parties and they have been falsely implicated.

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Bail Appl..No. 4793 of 2018 3

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The learned Public Prosecutor, on instructions, submits that the 1^st applicant is a person with criminal antecedents and not less than four Crimes have been registered against him. It is also submitted referring to the wound certificate dated 15.4.2018 that the de facto complainant had suffered a lacerated wound on his eyebrow.

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I have considered the submissions advanced. Going by the wound certificate it appears that the only injury suffered by the de facto complainant is a lacerated wound and one contusion. However, insofar as the 1^st applicant is concerned, his criminal antecedents does not persuade this Court in granting Anticipatory Bail. However, insofar as the rest of the applicants ie., applicant Nos.2 to 5 are concerned, their custodial interrogation does not appear to be necessitous.

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In the result, this application will stand partly allowed. This application insofar as the 1^st applicant is concerned, will stand dismissed and insofar as the applicant Nos.2 to 5 are concerned, this application will stand allowed. The applicant Nos.2 to 5 shall appear before the Investigating Officer within ten days from today and shall undergo interrogation. Thereafter, if they are proposed to be arrested, they shall be released on bail on their executing a bond for

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Bail Appl..No. 4793 of 2018 4

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a sum of Rs.50,000/- (Rupees Fifty thousand only) each with two

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solvent sureties each for the like sum. The above order shall be

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subject to the following conditions:

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i) The applicant Nos. 2 to 5 shall co-operate with the investigation and shall appear before the Investigating Officer on all Saturdays between 10 a.m. and 1 p.m., for one month or till final report is filed, whichever is earlier.

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ii) They shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/ her from disclosing such facts to the court or to any police officer.

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iii) They shall not commit any similar offence while on bail.

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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.

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Sd/-

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RAJA VIJAYARAGHAVAN V., JUDGE

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IAP

Sachin K.J. v. State of Kerala

Case brief

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Sachin K.J. v. State of Kerala

Case brief

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