Kerala High Court
(Petitioner/3Rd Accused) vs (Complainant And Investigating ... on 21 November, 2012
Author: P.Bhavadasan
Bench: P.Bhavadasan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.BHAVADASAN
WEDNESDAY, THE 21ST DAY OF NOVEMBER 2012/30TH KARTHIKA 1934
Bail Appl..No. 8062 of 2012 ()
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CRIME NO. 1174/2012 OF PARASSALA POLICE STATION
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PETITIONERS:- (PETITIONER/3RD ACCUSED)
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AMARJITH, AGED 21, S/O.RADHAKRISHNAN,
EDAVILA PUTHEN VEEDU, THALACHAN VILA,
PARASSALA.
BY ADV. SRI.M.R.RAJESH
RESPONDENTS : (COMPLAINANT AND INVESTIGATING OFFICERS)
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1. STATE OF KERALA
REP. BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA-682 031.
2. THE SUB INSPECTOR OF POLICE,
PARASSALA POLICE STATION
THIRUVANANTHAPURAM DISTRICT - 695 502.
R1 & R2 BY PUBLIC PROSECUTOR SRI. V.S. SREEJITH
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21-11-2012,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Mn
P.BHAVADASAN, J.
---------------------------------------------------- BA No.8062 of 2012
---------------------------------------------------- Dated this the 21st day of November 2012 Order The petitioner is the third accused in Crime No.1174/12 of Parassala Police Station for having committed the offences punishable under Ss.143, 147, 148, 149, 323, 324, 326 and 308 IPC. According to the petitioner, he is totally innocent and has been implicated with ulterior motives. The learned counsel for the petitioner submits that the petitioner had no role to play in the incident and his co-accused are responsible for the incident. Attention of this court was drawn to the fact that the incident took place at Parassala and instead of taking the injured to the Medical College Hospital, he was taken to a hospital in Nagercoil and there was delay in filing the F.I.R. This, according to the learned counsel, is sufficient to show that there has been manipulations.
2. The learned Public Prosecutor opposed the application and pointed out that going by the records, the involvement of the petitioner is very evident and his name has been shown in the F.I.R. Specific overt acts have been BA 8062/12 2 attributed to the petitioner. It is also pointed out that the investigation is not yet complete and if the petitioner is released on bail, it may hamper the investigation.
3. The fact that the injured was taken to a hospital in Nagercoil and that there was delay in filing the F.I.R., are not sufficient to advance the case of the petitioner. But, these are all matters, which require a further probe, which is not warranted at this point of time. The petitioner had approached the Sessions Court, Thiruvananthapuram for the very same relief and the said court, on the basis of the materials available, came to the conclusion that it was not a fit case warranting exercise of the extra ordinary jurisdiction of this court under S.438 of Cr.PC.
4. After having heard the learned Public Prosecutor and gone through the records, the claim of the petitioner that he is totally innocent, cannot be accepted. The nature of allegations against the petitioner, the role played by him in the alleged incident, the injuries suffered by the victim and also the fact that the investigation is still going on, preclude this court from exercising the extra ordinary jurisdiction of this court under BA 8062/12 3 S.438 of Cr.PC. in favour of the petitioner. The application is accordingly dismissed. However, the petitioner will be at liberty to surrender before the Investigating Officer on or before 28.11.12, who, after interrogation, shall produce him before the JFCM concerned. On an application being filed by the petitioner before the JFCM concerned for bail, the same shall be considered and appropriate orders shall be passed thereon by the JFCM concerned in accordance with law after hearing the APP, if possible, on the same day of filing the application.
P.Bhavadasan, Judge
sta
BA 8062/12 4