Kerala High Court
Jijith vs State Of Kerala on 12 July, 2017
Author: Sunil Thomas
Bench: Sunil Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
WEDNESDAY, THE 12TH DAY OF JULY 2017/21ST ASHADHA, 1939
Bail Appl..No. 4832 of 2017 ()
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CRIME NO. 681/2017 OF VADAKKANCHERRY POLICE STATION,
PALAKKAD DISTRICT
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PETITIONERS/ACCUSED NOS. 1 TO 4 AND 6 TO 14.:
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1. JIJITH,AGED 23 YEARS, S/O. RADHAKRISHNAN,
CHERUMKODE VEEDU, KOTTKAD, KANNAMBRA P.O.,
PALAKKAD.
2. PRAJEESH @ PORINCHU,
AGED 20 YEARS, S/O. BHASKARAN,
MUDAVARTHODIYIL VEEDU, PANNIYANKARA P.O.,
PALAKKAD.
3. AFSAL, AGED 21 YEARS, S/O. IBRAHIM,
PUNNAPPADAM, ELAVAMPADAM P.O., ALATHUR,
PALAKKAD.
4. ANOOP, AGED 26 YEARS, S/O. ANDAVAN,
POONTHINKAL VEEDU, KAMMANTHARA,
VADAKKENCHERRY P.O.,PALAKKAD.
5. ANEESH, AGED 19 YEARS, S/O. ANDAVAN,
SREEKRISHNA NIVAS, PULINKUTTAM,
CHALLITHARA, AYAKKAD P.O., PALAKKAD.
6. VIGNESH, AGED 21 YEARS, S/O. VIJAYAN,
MATTAMKODE VEEDU, PARUVASSERY, PALAKKAD.
7. PRATHEESH,AGED 26 YEARS, S/O. CHANDRAN,
CHATTUKODE VEEDU, ELAVAMPADAM P.O., PALAKKAD.
Bail Appl..No. 4832 of 2017 ()
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8. ULLAS, AGED 19 YEARS, S/O. PRAKASHAN,
KALATHIL VEEDU, RAKKANDI, PANNIYANKARA P.O.,
PALAKKAD.
9. SIJO,AGED 24 YEARS, S/O. PHILIPOSE,
CHIRAYILPARAMPIL VEEDU, PERUMKADAVILA P.O.,
NEYYATTINKARA, THIRUVANANTHAPURAM.
10. SUNIL, AGED 27 YEARS, S/O. UNNIKRISHNAN,
PARAPURATHU VEEDU, THENDIYAMPARA,
MOOLAMKODE P.O.,PALAKKAD.
11. JAMSHEER,AGED 21 YEARS, S/O. ABDUL KAREEM,
PUNNAPADAM VEEDU, ELAVAMPADAM P.O., PALAKKAD.
12. ANSAR, AGED 20 YEARS, S/O. KUNJAHAMMAD,
KUNNANKADU VEEDU, PUNNAPADAM VEEDU,
ELAVAMPADAM P.O., PALAKKAD.
13. SAJITH
AGED 25 YEARS, S/O. KRISHNAN,
CHINGATHU VEEDU, PUNNAPADAM VEEDU,
ELAVAMPADAM P.O., PALAKKAD.
BY ADV. SRI.V.A.JOHNSON (VARIKKAPPALLIL)
RESPONDENT/COMPLAINANT :
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STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM - 682 031.
BY PUBLIC PROSECUTOR SRI.S.SAJJU
THIS BAIL APPLICATION HAVING COME UP FOR
ADMISSION ON 12-07-2017, THE COURT ON THE
SAME DAY PASSED THE FOLLOWING:
bp
SUNIL THOMAS, J.
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BA.No.4832 of 2017
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Dated this the 12th day of July, 2017
O R D E R
The petitioners are the accused Nos. 1 to 4 and 6 to 13 in Crime No.681/2017 of Vadakkencherry police station for offences punishable under sections 143, 147, 148, 341, 323, 324 and 308 r/w 149 of the Indian Penal Code.
2. It is alleged by the prosecution that on 19.6.2017 at 8.15 pm, the accused attacked the defacto complainant armed with sword stick and iron rod. They inflicted a wound on the head of the defacto complainant. He was taken to the hospital and crime was registered.
3. Contending that the allegations are not serious that there was a counter case registered as Crime No.680/2017 of the same police station against the defacto complainant, the petitioners seek bail.
4. It is seen that on 18.6.2017 there was altercation between the first accused and the defacto complainant as a retaliation for that petitioners herein formed into an unlawful BA.No.4832 of 2017 2 assembly and armed with iron rod and sword attacked the defacto complainant, who was standing in front of the beverage shop. The wound certificate shows that there was a lacerated wound on the scalp. Having regard to the fact that a dangerous weapon was used and specific overtact of use of that weapon is attributed to the first accused and aided by the accused Nos.3 to 4 with iron rods, I feel that bail cannot be granted to them at this stage. However, considering the fact that accused Nos.6 to 13 are not involved in any other serious offences and considering the fact that no specific overtact is attributed to them, I am inclined to grant bail to the accused Nos.6 to 13 on the following conditions:
(1) The bail application of the accused Nos.1 to 4 is rejected.
The remaining accused Nos.6 to 13 is allowed as follows:
(a) Petitioner Nos.6 to 13 shall execute a bond for a BA.No.4832 of 2017 3 sum of Rs.50,000/- (Rupees fifty thousand only) with two sureties for the like sum each to the satisfaction of the jurisdictional Court.
(b) They shall appear before the investigating officer on all Wednesdays between 9 am and 10 am for a period of two months from the date of their release.
(c) They shall not threaten, coerce or intimidate the defacto complainant and the witnesses nor shall they interfere in the process of investigation.
(d) They shall not get involved in any other identical offence.
Bail application is allowed in part as above.
Sd/-
SUNIL THOMAS, JUDGE
R.AV //True Copy//
PA to Judge
BA.No.4832 of 2017
4
The words and figures "6 to 13" wherever it occurring in the final order dated 12/07/2017 in B.A.No. 4832/2017 is corrected and substituted as "6 to 14" as per order dated 21/07/2017 in Crl.M.A.No.8159/2017 in B.A.No.4832/2017.
Sd/-
Registrar (Judicial)