Kerala High Court
Rahul vs State Of Kerala on 18 September, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
MONDAY, THE 18TH DAY OF SEPTEMBER 2023 / 27TH BHADRA, 1945
BAIL APPL. NO. 7786 OF 2023
CRIME NO.1241 OF 2023 OF ARUVIKKRA POLICE STATION,
THIRUVANANTHAPURAM
PETITIONER/ACCUSED NO.4:
RAHUL
AGED 27 YEARS
S/O AJAYAKUMAR,
RESIDING AT KIZHAKKEKUZHI,
PUTHENVEEDU, KULATHUNKAL, KARAKULAM P.O,
THIRUVANANTHAPURAM DISTRICT, PIN - 695564
BY ADVS.
P.MOHAMED SABAH
LIBIN STANLEY
SAIPOOJA
SADIK ISMAYIL
R.GAYATHRI
M.MAHIN HAMZA
ALWIN JOSEPH
RESPONDENTS/STATE & COMPLAINANT:
STATE OF KERALA
1 REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
THE STATION HOUSE OFFICER
2 ARUVIKKARA POLICE STATION,
THIRUVANATHAPURAM DISTRICT, PIN - 695564
SMT.T.V.NEEMA, SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
18.09.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A.No.7786 of 2023 :2:
ORDER
Dated this the 18th day of September, 2023 Apprehending arrest in Crime No.1241/2023 of Aruvikkara Police Station, Thiruvananthapuram, registered for offences under Sections 143, 147, 148, 149, 294(b), 323, 324, 326 and 308 of Indian Penal Code, the 4 th accused has filed this petition.
2. The prosecution allegation is that on 11.07.2023 at about 6.00 p.m., the petitioner and other accused persons in furtherance of their common intention, formed an unlawful assembly by uttering obscene words had beaten the defacto complainant with a wooden stick on his head due to the previous animosity out of an incident occurred near CSI Church at Parakonal on the previous day. The accused Nos.2 and 3 in the crime manhandled the defacto complainant with wooden sticks. It is further alleged that the petitioner along with some identifiable persons have also manhandled the defacto complainant by using wooden sticks and beer bottles and thereby B.A.No.7786 of 2023 :3: committed the above said offences.
3. The learned counsel appearing for the petitioner and the learned Public Prosecutor were heard.
4. After hearing the learned counsel for the petitioner and the learned Public Prosecutor, taking into account the allegations made against the petitioner that he also inflicted injuries, I do not think this is a fit case for the grant of anticipatory bail as it might hamper a proper investigation.
5. Therefore, the following directions are issued:-
In the event the petitioner surrenders before the Investigating Officer in ten days, he shall be interrogated and thereafter, shall be produced before the Magistrate having jurisdiction on the date of surrender itself. If the petitioner moves for bail, the court below shall, untrammelled by any of the observations in this order, consider the bail application on merits, as expeditiously as possible. If the petitioner does not surrender before the Investigating Officer, as directed above, the Investigating B.A.No.7786 of 2023 :4: Officer will be free to arrest the petitioner as if no order has been passed in this case.
The bail application is disposed of as above.
Sd/-
MOHAMMED NIAS C.P., JUDGE mtk