Kerala High Court
Abishal C Benny vs State Of Kerala on 14 November, 2019
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
THURSDAY, THE 14TH DAY OF NOVEMBER 2019 / 23RD KARTHIKA, 1941
Bail Appl..No.8149 OF 2019
CRIME NO.943/2019 OF ARTHUNGAL POLICE STATION , ALAPPUZHA
PETITIONER/S:
1 ABISHAL C BENNY,AGED 22 YEARS
S/O BENNY C.J, CHIRAYIL HOUSE, MARARIKULAM NORTH
P.O.ALAPPUZHA DISTRICT, PIN-688 523(A1).
2 MISHEL C BENNY,AGED 24 YEARS
S/O BENNY C.J, CHIRAYIL HOUSE, MARARIKULAM NORTH
P.O.ALAPPUZHA DISTRICT, PIN-688 523(A2).
3 SHIMEL C BENNY,AGED 21 YEARS
S/O BENNY C.J, CHIRAYIL HOUSE, MARARIKULAM NORTH
P.O.ALAPPUZHA DISTRICT, PIN-688 523(A3).
4 TONY MICHEAL,AGED 24 YEARS
S/O MICHEAL, KANASERIL HOUSE, MARARIKULAM NORTH
P.O.ALAPPUZHA DISTRICT, PIN-688 523(A4).
5 AUGUSTINE K.J,AGED 22 YEARS
S/O JOSEPH, KANASERIL HOUSE, MARARIKULAM NORTH
P.O.ALAPPUZHA DISTRICT, PIN-688 523(A5).
BY ADVS.
SRI.K.L.SHYAM
SRI.K.K.VINOD
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, PIN-682 031.
2 THE SUB INSPECTOR OF POLICE,
ARTHUNKAL POLICE STATION, ALAPPUZHA DISTRICT, PIN-688
523.
SRI RAMESH CHAND, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
14.11.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A. NO.8149 OF 2019 2
ORDER
This application is filed under Section 438 of the Code of Criminal Procedure.
2. The applicants herein are the accused Nos. 1 to 5 in Crime No.943 of 2019 registered with the Arthunkal Police Station under Sections 141, 143, 147, 148, 341, 324 and 308 r/w. Section 149 of IPC.
3. The aforesaid crime was registered on 22.10.2019 based on information furnished by one Sunil Antony. According to the informant, he along with his friends decided to set up a restaurant at Maraikulam. The accused were unhappy with the same. On 22.10.2019 at about 10 a.m., while he was unloading materials, the accused Nos. 1 to 3, who are brothers, came in a car, armed with weapons such as iron pipes. Their pet, a ferocious canine was with them. It is alleged that the applicants let loose the dog which proceeded to bite Jobin, the friend of the informant. The applicants 1 to 3 are alleged to have attacked the informant and his friends with iron pipes and caused serious injuries.
4. Heard Sri.Syam K.L., the learned counsel who submitted that at the instance of the 1 st applicant, Crime No. 944 of 2019 was registered on the same day inter alia under Section 324 of the IPC. He would contend that the applicants are innocent.
5. The learned Public Prosecutor has strenuously opposed the prayer. Relying on the wound certificate, it is argued that serious injury B.A. NO.8149 OF 2019 3 was inflicted by the accused Nos. 1 to 3. He would point out that specific allegations are raised against accused Nos. 1 to 3 and investigation being in the early stages, it would not be in the interest of justice to arm them with an order of pre-arrest bail.
6. I have considered the submissions advanced and have perused the records. I find that there are materials in the case diary which shows the complicity of accused Nos. 1 to 3. Extensive injuries were sustained by the victims on their scalp. The Doctor has also noted dog bites on their body. In the facts and circumstances, I am not persuaded to grant an order of pre-arrest bail to accused Nos. 1 to 3. However, insofar as accused Nos. 4 and 5 are concerned, the prosecution has no case that they were armed with weapons or that any serious injuries were inflicted. Their custodial interrogation does not appear to be necessary.
In the result, this application will stand partly allowed. Applicants 1 to 3 shall surrender before the Investigating Officer forthwith. After interrogation, they shall be produced before the Court having jurisdiction. If an application for regular bail is preferred, the same shall be considered and orders shall be passed expeditiously and on its merits.
The applicant Nos. 4 and 5 shall appear before the Investigating officer within ten days from today and shall undergo interrogation. B.A. NO.8149 OF 2019 4 Thereafter, if they are proposed to be arrested, they shall be released on bail on their executing a bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) each with two solvent sureties each for the like sum. The above order shall be subject to the following conditions:
(i) The applicants 4 and 5 shall co-operate with the investigation and shall appear before the Investigating Officer on every Saturdays between 10 A.M and 1 P.M. for a period of two months or till final report is filed whichever is earlier.
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.
iii) They shall not commit any similar offence while on bail.
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.
SD/-
RAJA VIJAYARAGHAVAN V.,
pkk JUDGE
//TRUE COPY// P.A.TO JUDGE