This court allowed an application for anticipatory bail to three petitioners accused of rioting, causing grievous hurt, and mischief under the Indian Penal Code, dismissing the bail plea of a fourth applicant who had already been arrested.
Applicants directed to surrender within two weeks; if arrested, released on bail on execution of bond with sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
WEDNESDAY, THE 24TH DAY OF MARCH 2021 / 3RD CHAITHRA, 1943
Bail Appl..No.2501 OF 2021
CRIME NO.30/2021 OF Poovar Police Station, Thiruvananthapuram
PETITIONER/S:
1 ABHIJITH S AGED 25 YEARS S/O.AJAYAKHOSH, UTHRAM HOUSE, KRISHNAPURAM, NEYYATTINKARA, THIRUVANANTHAPURAM 695525
2 VISHNU S NAIR AGED 28 YEARS S/O.SASEENDRAN NAIR, VISHNU SADANAM, THENNIKAVILA, CHAIKKOTTUKONAM, NEYYATTINKARA, THIRUVANANTHAPURAM – 695525
3 NANDHU ADITYAN AGED 28 YEARS S/O.MANIKANTAN, ARATHANGAVILAKOM, KRISHNAPURAM, NEYYATTINKARA, THIRUVANANTHAPURAM –695525
4 AJITH A AGED 24 YEARS S/O.APPUKUTTAN, THAMARAPPALLIL VEEDU, IRUMPIL, NEYYATTINKARA, THIRUVANANTHAPURAM –695525
BY ADV. SRI.LATHEESH SEBASTIAN
RESPONDENT/S:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA 682031
SRI.SANTHOSH PETER SR PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BA 2501/2021
2
O R D E R
Dated this the 24th day of March 2021
This is an application seeking anticipatory bail.
The second applicant was arrested subsequent to the filing of the application and therefore, the application for anticipatory bail filed by him has now become infructuous and is dismissed and I am only concerned with the application filed by applicant Nos.1, 3 and 4.
BA 2501/2021
3
they caused grievous hurt to the de facto complainant by causing a fracture of his left hand and also committed mischief by causing destruction of the household articles and windshield of the car bearing Regn.No.KL-01 BN 7148 and a loss to the tune of Rs.58,000/-. The applicants state that the allegations are not true and that they are innocent and accused Nos.1 to 3 who are the main perpetrators of the crime, were arrested and subsequently the fifth accused was also arrested. The applicants' role in the alleged incident is very minimal. They do not have any criminal antecedents. There is nothing to be recovered from them. Therefore, they seek pre-arrest bail.
BA 2501/2021
4
investigating officer within two weeks. In the event of their being arrested, they shall be released on bail on the execution of bond for Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like amount to the satisfaction of the investigating officer and on the following conditions:
(i) They shall appear before the investigating officer as
and when called for and co-operate with the investigation.
(ii) They shall not tamper with evidence or intimidate or influence the witnesses.
(iii) They shall not get involved in any similar offence during the currency of the bail.
In case of breach of any of the above bail conditions, the prosecution is at liberty to approach the jurisdictional court for cancellation of the bail.
Sd/-
ASHOK MENON JUDGE
jg
2 issues framed by the court
Whether anticipatory bail should be granted to applicants accused of offences under IPC Sections 120B, 143, 147, 148, 323, 324, 326, 427, 458 r/w 149.
Whether custodial interrogation is necessary given the admitted non-criminal antecedents of the applicants.
1 provisions across 1 enactments
ABHIJITH S
VISHNU S NAIR
NANDHU ADITYAN
AJITH A
STATE OF KERALA
ASHOK MENON
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
