Unknown vs Present on 5 July, 2018

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Kerala High Court

Unknown vs Present on 5 July, 2018

Bench: V Raja Vijayaraghavan

        

 
IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                        PRESENT:

                 THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

             THURSDAY, THE 5TH DAY OF JULY 2018 / 14TH ASHADHA, 1940

                               Bail Appl..No. 4288 of 2018


           CRIME NO. 917/2018 OF VARKALA POLICE STATION , THIRUVANANDAPURAM



PETITIONER(S)/ACCUSED 1 & 2


1    SUHAIL,
     AGED 21 YEARS, S/O. ANWAR, ANWAR MANZIL, NEAR HIGH SCHOOL,
     ALAMCODE, THIRUVANANTHAPURAM DISTRICT.

2    YADUKRISHNA,
     AGED 20 YEARS, S/O. PRASANNAN, MINI MANDIRAM, MARKET ROAD,
     ATTINGAL, THIRUVANANTHAPURAM DISTRICT.


        BY ADV.SRI.P.ANOOP (MULAVANA)


RESPONDENT(S):

     STATE OF KERALA,
     REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA.

        BY ADV.AMJAD ALI, PUBLIC PROSECUTOR


    THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05-07-2018,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

RP

               RAJA VIJAYARAGHAVAN V, J
             --------------------------------------
                    B.A No.4288 of 2018
              --------------------------------------
            Dated this the 5th day of July, 2018


                             ORDER

This application is filed under B'438 of the Code of Criminal Procedure.

2. The applicants herein are the accused Nos.1 and 2 in Crime No.917 of 2018 of the Varkala Police Station, registered under B'B'143, 147, 148, 149, 323, 294(b) and 307 of IPC.

3. The applicants herein as well as the de facto complainant are students of the S.N.College, Sreenivasapuram. They belong to rival political faction. On 12.06.2018 at 9.45 p.m., the applicants herein along with the rest of the accused are alleged to have attacked the de facto complainant causing serious injuries. It is specifically alleged that the 2nd accused had exhorted the 1st accused to attack the de facto complainant and the 1st accused is alleged to have stabbed him with a knife.

B.A No.4288 of 2018

4. The learned counsel appearing for the applicants submitted that as per the F.I.S., it was the 1st accused who had inflicted the stab injuries. He has already been arrested. The only allegation against the 2nd applicant is that he was also present at the scene of crime.

5. Opposing the prayer, the learned Public Prosecutor submitted that the roles of the accused have been interchanged in the course of investigation. The witnesses as well as the de facto complainant had stated that the injuries were inflicted by the 2nd applicant, who is now the 1st accused.

6. I have considered the submissions advanced and have gone through the materials made available. It appears from the wound certificate that the de facto complainant had sustained multiple stab injuries. The contention of the learned counsel that the applicants are innocent cannot be accepted. There are enough materials in the case diary pointing to their involvement.

7. Having regard to the nature and gravity of the allegations and the severity of the injuries inflicted, I am not B.A No.4288 of 2018 3 persuaded to grant an order of pre-arrest bail to the 2 nd applicant. If so advised, the applicants may surrender before the court having jurisdiction expeditiously. If an application for bail is preferred, the same shall be considered and orders shall be passed expeditiously and on its merits.

This application is dismissed.

Sd/-

RAJA VIJAYARAGHAVAN V, JUDGE rp/05.07.18 //TRUE COPY// P.A TO JUDGE.

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