Arun Kunjumon and Akhil Kunjumon v. State of Kerala

``` IN THE HIGH COURT OF KERALA AT ERNAKULAM ``` ## _`PRESENT`_ ``` THE HONOURABLE MR. JUSTICE A. BADHARUDEEN TUESDAY, THE 4[TH] DAY OF APRIL 2023 / 14TH CHAITHRA, 1945 ``` ## _`BAIL APPL. NO. 2438 OF 2023`_ Crime No.204/2023 of Kalady Police Station, Ernakulam ## _`PETITIONER:`_ ``` ARUN KUNJUMON AGED 22 YEARS S/O.KUNJUMON, ATHIKKAKUZHY HOUSE, NAYATHODE.P.O., ANGAMALY, ERNAKULAM., PIN - 683572 BY ADVS. RAJESH VIJAYAN SIKHA S.NAIR ``` ## _`RESPONDENT:`_ ``` STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 BY ADV PUBLIC PROSECUTOR ``` ## _`OTHER PRESENT:`_ ``` SR PP P G MANU ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` B.A. Nos. 2438 & 2454 of 2023 ``` ``` ..2.. ``` ## _`IN THE HIGH COURT OF KERALA AT ERNAKULAM`_ ## _`PRESENT`_ ``` THE HONOURABLE MR. JUSTICE A. BADHARUDEEN ``` ``` TUESDAY, THE 4[TH] DAY OF APRIL 2023 / 14TH CHAITHRA, 1945 ``` ## _`BAIL APPL. NO. 2454 OF 2023`_ ## _`PETITIONER:`_ ``` AKHIL KUNJUMON AGED 26 YEARS S/O.KUNJUMON, ATHIKKAKUZHY HOUSE, NAYATHODE.P.O., ANGAMALY, ERNAKULAM., PIN - 683572 BY ADVS. RAJESH VIJAYAN SIKHA S.NAIR ``` ## _`RESPONDENT:`_ ``` STATE OF KERALA ``` ``` REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 ``` ``` BY ADV PUBLIC PROSECUTOR ``` ## _`OTHER PRESENT:`_ ``` P G MANU SRPP ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` B.A. Nos. 2438 & 2454 of 2023 ``` ``` ..3.. ``` ## **C O MMON O R D E R** **Dated this the 4[th] day of April, 2023** B.A.No. 2438/20223 is an application for anticipatory bail filed by the 4[th] accused in Crime No.204/2023 of Kalady Police Station, Ernakulam and the 3[rd] accused in the above crime seeks pre-arrest bail in B.A.No. 2454/2023 under Section 438 of the Code of Criminal Procedure. 2. Heard the learned counsel for the petitioners and the learned Public Prosecutor in detail. Perused the report of the Investigating Officer along with the copy of wound certificates placed by the learned Public Prosecutor. 3. The prosecution case is that, at about 5.30 pm on 17.03.2023 when the Biennale program was going on at the college campus, the accused herein assaulted the defacto complainant and his friends, with intention to commit culpable homicide not amounting to murder. Though the defacto complainant and his friends sustained injuries, they survived. Accordingly, crime ``` B.A. Nos. 2438 & 2454 of 2023 ``` **==> picture [31 x 7] intentionally omitted <==** alleging commission of offences punishable under Sections 308, 326 and 324 r/w 34 of IPC was registered and is on investigation. 4. The learned counsel for the petitioners would submit that, the petitioners are innocent and the allegations are false. According to him, there is attack and counter attack between students of Kalady Sree Sankaracharya College. He would submit further that, Akhil Kunjumon and Arun Kunjumon who were arrayed as accused Nos. 3 and 4 in this crime, sustained very serious injuries at the hands of the injured in this crime and accordingly counter case vide crime No. 203 of 2023 alleging commission of offences punishable under Sections 143, 146, 147, 148, 149, 307 and 326 of IPC also was registered. Accused Nos. 3 and 4 in this crime sustained serious injuries and the learned counsel for the petitioners has placed clinical summery and discharge certificates issued from Little Flower Hospital and Research Centre, Angamaly, to substantiate the injuries pertaining to accused Nos. 3 and 4. He also submitted that the petitioners have no criminal antecedents. Submitting so, the learned counsel for the petitioners ``` B.A. Nos. 2438 & 2454 of 2023 ``` ``` ..5.. ``` pursued the relief of pre-arrest bail to the petitioners. 5. The learned Public Prosecutor opposed grant of anticipatory bail on the submission that since offence punishable under Section 326 of the IPC is alleged, therefore, arrest and custodial interrogation of the petitioners are necessary. 6. On perusal of the copies of discharge records of Akhil Kunjumon and Arun Kunjumon, the petitioners herein, who are arrayed as accused Nos. 3 and 4, Akhil Kunjumon sustained “tentorial subdural hemorrage on right side, undisplaced fracture of ramus of mandible on right side near neck, displaced fracture of alveolar process of right maxilla with dislodgement of adjacent teeth”. His CT chest is suggestive of lung contusion and he underwent inpatient treatment for a period of 17.03.2023 to 25.03.2023. The discharge record of Arun Kunjumon showed “minimally displaced chip fracture of superior margin of left zygomatic arch, minimally displaced fracture of left nasal bone” are also stated and he underwent inpatient treatment for a period ``` B.A. Nos. 2438 & 2454 of 2023 ``` **==> picture [31 x 7] intentionally omitted <==** of 17.03.2023 to 29.03.2023. 7. In this crime, the prosecution alleges commission of offences punishable under Sections 326 and 308 of IPC mainly on the ground that Yadu Krishna, the injured person suffered hearing disability and dislocation of scalp left side. But the said infirmities not fully established. In matters involving case and counter case, the truth of the allegations are matters of evidence to be adjudicated by the trial court after adducing evidence. However, the case records would go to show that in the counter case, two among the accused in this case sustained very serious injuries including fractures as noted herein above and the injuries are very serious as compared to that of the infirmities to the injured in this crime. It is pertinent to note further that the petitioners herein are the persons who sustained very serious injuries as discussed above. 8. Having considered the fact that the petitioners herein sustained very serious injures and counter case also was registered ``` B.A. Nos. 2438 & 2454 of 2023 ``` **==> picture [31 x 7] intentionally omitted <==** in this regard, and the contra allegations are matters of evidence to be decided by the trial court, I am of the view that the petitioners can be enlarged on anticipatory bail by imposing following conditions with direction to co-operate with the investigation. i. The petitioners shall surrender before the Investigating Officer within ten days from today and on such surrender, the Investigating Officer can question the petitioners and record their statements, recover weapons, if any. In the event of their arrest, the Investigating Officer shall produce the petitioners before the Jurisdictional Court on the date of arrest itself. ii. On such production, Jurisdictional Court shall release the petitioners on bail, on executing bond for Rs.30,000/- (Rupees Thirty thousand) each, by themselves and by two sureties, each for the like sum to the satisfaction of the Jurisdictional ``` B.A. Nos. 2438 & 2454 of 2023 ``` ``` ..8.. ``` Court. iii. The petitioners shall co-operate with investigation and shall be made available for interrogation and for the purpose of investigation, as and when the Investigating Officer directs so. iv. The petitioners, shall not, intimidate the witnesses or interfere with the investigation in any manner. - v. The petitioners shall not commit any offence **==> picture [37 x 93] intentionally omitted <==** during currency of this bail and any such involvement is a reason to cancel the bail hereby granted. ## **Sd/-** **A. BADHARUDEEN JUDGE** RMV ``` TRUE COPY ``` ``` P.A.TO JUDGE ```