Anticipatory bail application filed under Section 438 Cr.P.C by accused persons charged with offences under IPC. Court granted bail allowing surrender for investigation with conditional release on bond execution.
Applicants granted bail to surrender within two weeks; arrest followed by release on Rs. 50,000 bond with two sureties and standard conditions.
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
THURSDAY, THE 18TH DAY OF FEBRUARY 2021 / 29TH MAGHA,1942 Bail Appl..No.950 OF 2021
CRIME NO.2/2021 OF Kodanad Police Station , Ernakulam
PETITIONER/S:
1 EBY BABY EBY BABY, AGED 28 YEARS, S/O BABY, CHITTUPARAMBIL HOUSE, EDAVOOR P.O, CHERANALLOR, PERUMBAVOOR, ERNAKULAM DIST. 683544
2 ARUN JOJI ARUN JOJI, AGED 21 YEARS, S/O JOJI, CHITTUPARAMBIL HOUSE, KOOVAPPADY P.O, AIMURY, PERUMBAVOOR, ERNAKULAM DIST. BY ADV. SRI.M.J.SANTHOSH
RESPONDENT/S:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA 682031
R1 BY PUBLIC PROSECUTOR
OTHER PRESENT:
SMT.V.SREEJA -PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No.950 OF 2021
2
ORDER
Dated this the 18th day of February 2021
This is an application filed under Section 438 of
Cr.P.C seeking anticipatory bail.
respectively in crime No. 2 of 2021 of Kodanadu Police Station for having allegedly committed offences punishable under Sections 308,323,324,143,144,341 & 148 R/w 149 of IPC.
2.01.2021 at about 10:30 PM, the applicants who are the
members of an unlawful assembly together with nine
accused and in prosecution of the common object of the
said unlawful assembly, they wrongly restrained the de
facto complainant and others assaulted them with
dangerous weapons like stone and handle of knife etc
and caused a grieving hurt to the defacto complainant as he his nasal bone was fractured and they assaulted
him with a stone which could have turned fatal, and
Bail Appl..No.950 OF 2021
3
thus the applicants attempted to commit culpable
homicide. The applicants state that the allegations are not true and that there is also a counter case registered against the defacto complainant and others as Crime No.3 of 2021 at the same Police Station and some of the persons who are included as the accused in
the present crime were assaulted by the defacto complainant and others. The injuries are not very serious, accused Nos. 5,6,7 and 9 were already granted anticipatory bail and therefore the applicants also seek pre-arrest bail.
and the learned Public Prosecutor.
5.The learned Public Prosecutor points out that
that the main overt act of having caused a fracture to
the nasal bone of the de facto complainant is attributed to the 3rd accused. It is alleged that he
used a stone to cause the injury. It is also pointed
out by the learned Public Prosecutor that said applicant has criminal antecedents and he involved in another crimes. The learned counsel appearing for the
4
Bail Appl..No.950 OF 2021
applicant, in answer to that submits that the earlier
crime is for bailable offence, that apart he is not involved in any other crime. A4 has not used any
dangerous weapon to cause serious hurt and therefore the applicants seek pre-arrest bail.
6.After having the heard the submissions of both sides, I find that the injury sustained by the de facto complainant though grave is not very serious injury. The applicants are not likely to be abscond. Some of the accused have already been granted bail. The applicants are willing to cooperate with the
investigation. A counter case is also registered. Under these circumstances, custodial interrogation of the applicants may not be essential.
7.Hence, the applicants shall surrender before the
investigating officer within two weeks, and after interrogation in the event of their arrest, they shall
be released on bail on execution of bond for
Rs.50,000/-(Rupees Fifty thousand only) each with two
solvent sureties for the like amount each to the satisfaction of the investigating officer and on the
Bail Appl..No.950 OF 2021
5
following conditions;
i. They shall not tamper with evidence, influence
or intimidate witnesses.
ii. They shall appear before the investigating
officer as and when called for.
iii. They shall not get involved in similar offences during the bail period.
In the event of violating the bail conditions,
the prosecution shall be at liberty to apply for cancellation of bail before the jurisdictional court.
Sd/-
ASHOK MENON JUDGE
SJ
3 issues framed by the court
Whether anticipatory bail can be granted to accused persons facing charges of attempted culpable homicide and unlawful assembly.
Whether custodial interrogation is necessary given the nature of injuries and availability of other accused on bail.
The conditions to be imposed on the grant of anticipatory bail.
2 provisions across 2 enactments
Eby Baby Eby Baby
Arun Joji Arun Joji
State of Kerala
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
