Kerala High Court
P.P. Gopi vs State Of Kerala on 18 September, 2012
Author: P.Bhavadasan
Bench: P.Bhavadasan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.BHAVADASAN
TUESDAY, THE 18TH DAY OF SEPTEMBER 2012/27TH BHADRA 1934
Bail Appl..No. 6509 of 2012 ()
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CRIME NO.634/2012 OF CHANDERA POLICE STATION, KASARGOD DISTRICT.
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PETITIONER(S)/ACCUSED NO.1,2,4,5,6,7,8,9,11:
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1. P.P. GOPI, AGED 40 YEARS
S/O. KUNJIKRISHNAN, PUTHIYAPURAYIL HOUSE, EDAYILEKAD
VALIYAPARAMBA.P.O., KASARGOD DISTRICT.
2. P.P. DAMU, AGED 55 YEARS
S/O. LAE KUNJAMBU.K., PUTHIYAPURAYIL HOUSE
EDAYILEKAD, VALIYAPARAMBA.P.O., KASARGOD DISTRICT.
3. K.S. SREEJITH, AGED 24 YEARS
S/O. K.V. SREEDHARAN, KUNDUVALAPPIL HOUSE,EDAYILEKAD
VALIYAPARAMBA.P.O., KASARGOD DISTRICT.
4. K.S. SUJITH, AGED 24 YEARS
S/O. K.V. SREEDHARAN, KUNDUVALAPPIL HOUSE,EDAYILEKAD
VALIYAPARAMBA.P.O., KASARGOD DISTRICT.
5. T.V. RANJITH, AGED 25 YEARS
S/O. RAMESAN, THAYATHVALAPPIL HOUSE, EDAYILEKAD
VALIYAPARAMBA.P.O., KASARGOD DISTRICT.
6. K.V. SHAIJU, AGED 22 YEARS
S/O. KANNAN, KOVVAL VEEDU, EDAYILEKAD
VALIYAPARAMBA.P.O., KASARGOD DISTRICT.
7. M. LAKSHMANAN,, AGED 52 YEARS
S/O. LATE KUNJIRAMAN,METTAMMAL HOUSE,EDAYILEKAD
VALIYAPARAMBA.P.O., KASARGOD DISTRICT.
8. K.V. PREMIJITH, AGED 25 YEARS
S/O. K.S. SASIDHARAN, KOVVAL VEEDU,EDAYILEKAD
VALIYAPARAMBA.P.O., KASARGOD DISTRICT.
tss
B.A. NO.6509/2012
9. V. BALAKRISHNAN, AGED 50 YEARS
S/O. KARI AMBU,VAIKATH HOUSE,EDAYILEKAD
VALIYAPARAMBA.P.O., KASARGOD DISTRICT.
BY ADVS.SRI.S.RAJEEV
SRI.K.K.DHEERENDRAKRISHNAN
RESPONDENTS/STATE:
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1. STATE OF KERALA
REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA
ERNAKULAM (CRIME NO. 634/12 OF CHANDERA POLICE STATION
KASARGOD DISTRICT)
2. STATION HOUSE OFFICER
MURIKKASSERY POLICE STATION
IDUKKI DISTRICT(CRIME NO. 634/12 OF CHANDERA POLICE STATION
KASARGOD DISTRICT.
BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
18-09-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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P.BHAVADASAN, J.
---------------------------------------------------- BA No.6509 of 2012
---------------------------------------------------- Dated this the 18th day of September 2012 Order Based on a counter case registered as Crime No.636/12 of Chandera Police Station for offences punishable under Sections 143, 147, 148, 324 and 308 r/w S.149 IPC, it is contended on behalf of the petitioners herein that a distorted version of the incident has been made in this case. The crime against the petitioners herein is 634/12 of Chandera Police Station for having committed the offences punishable under Ss.143, 147, 148, 341, 323, 324, 326, 506(ii) r/w 149 IPC. The petitioners point out that the incident had not occurred as alleged in the complaint and in fact, they were brutally attacked by the defacto complainant. According to them, the defacto complainant in BA No.634/12 is the aggressor.
2. The learned Public Prosecutor made available the CD relating to the case for perusal and on BA 6509/12 2 going through the CD, it is seen that the defacto complainant in Crime No.634/12 has suffered injuries and he was brutally attacked by the petitioners and others. The case of the petitioners that they are innocent and have nothing to do with the incident, therefore, does not appear to be correct. It is true that all the petitioners are not attributed with specific overt acts. Even assuming that the petitioners are not having any criminal antecedents, the nature of the offences alleged against them, their involvement in the incident, the injuries suffered by the victim and also the fact that the investigation is not yet complete, preclude this court from exercising the extra ordinary jurisdiction of this court under Section 438 of Cr.PC. The application is accordingly dismissed. However, the petitioners, if so advised, may surrender before the Investigating Officer on or before 27.09.2012, who, after interrogation, shall produce them before the JFCM concerned and on applications being filed by the petitioners for bail, the JFCM concerned shall consider and pass BA 6509/12 3 orders thereon in accordance with law, after hearing the APP, if possible on the same day itself.
P.Bhavadasan, Judge
sta
BA 6509/12 4