This court disposed of a bail application by an accused involved in unlawful assembly and assault. Rejecting the plea for anticipatory bail, the judge found the allegations specific and serious, directing surrender for interrogation instead.
Application dismissed; petitioner directed to surrender for interrogation within two weeks.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
FRIDAY, THE 21ST DAY OF JULY 2023 / 30TH ASHADHA, 1945
BAIL APPL. NO. 2537 OF 2023
CRIME NO.272/2023 OF KUNDARA POLICE STATION, KOLLAM
PETITIONER/ACCUSED:
SUJITH
AGED 26 YEARS
S/O.PODIMON, SUDHI BHAVANAM, ELLUKUZHI, ALUMMOODU P.O,
KOTTAMKARA, KUNDARA, KOLLAM -, PIN – 691577
BY ADVS.
PRATHEESH.P
ANJANA KANNATH
RESPONDENTS/STATE:
1STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN – 682031
2 STATION HOUSE OFFICER KUNDARA POLICE STATION, KOLLAM -, PIN – 691501BY ADV.
ADV.SRI.C.S. HRITHWIK -SR.PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
21.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 2537 OF 2023
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ORDER
The petitioner is the 3rd accused in Crime No.272/2023 of Kundara Police Station. The aforesaid crime was registered for the offences punishable under Sections 143, 147, 323, 341, 324, 326 and 308 read with Section 149 of IPC.
and Sri.C. S. Hrithwik, learned Public Prosecutor for the State.
some of the accused persons were already released on bail and some
BAIL APPL. NO. 2537 OF 2023
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of them were granted anticipatory bail as well. The copies of the said orders were also placed before me for perusal. The learned counsel further submits that the petitioner is ready and willing to cooperate with the investigation and shall abide by any conditions that may be imposed by this Court.
by the learned Public Prosecutor, specific overt act of assaulting the victim with a chopper is specifically made against the petitioner. It is also pointed out that the petitioner is involved in another case for the offence punishable under Section 324 of IPC.
of the other accused persons, it is to be noted that the nature of overt acts alleged against them are different. Even otherwise, merely because of the reason that some of the accused persons were granted
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BAIL APPL. NO. 2537 OF 2023
anticipatory bail, it need not necessarily to be extended to all the other accused persons. While considering the same, the specific role of the petitioner and the serious nature of the allegations against him are to be considered. When going through the specific overt act alleged against the petitioner and the consequences thereof, I do not find this as a fit case in which anticipatory bail can be granted to the petitioner. The petitioner has to cooperate with the investigation.
In the result, this application is disposed of with the following directions:-
i) The petitioner shall surrender before the Investigation officer within a period of two weeks from today, for subjecting himself for interrogation;
ii) Upon such surrender and after interrogation, if any, the petitioner shall be produced by the investigation officer before the Jurisdictional Magistrate on the very same day of surrender itself, to enable the petitioner to seek bail;
iii) The Jurisdictional Magistrate upon production of the accused and filing of application for bail, may consider the bail
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application in accordance with law, and if possible, dispose of the same on the very same day of filing of the said application, subject to such conditions, as deem fit.
The Bail Application is disposed of with the above directions.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
scs
2 issues framed by the court
Whether anticipatory bail is to be granted given the petitioner's specific role in assaultive overt acts.
Whether mere similarity to other accused granted bail justifies extending it to this petitioner.
SUJITH
STATE OF KERALA
ZIYAD RAHMAN A.A.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court