DENNY BABU v. STATE OF KERALA & INSPECTOR OF POLICE, MUNAMBAM POLICE STATION, ERNAKULAM

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT** **THE HONOURABLE MR. JUSTICE A. BADHARUDEEN MONDAY, THE 6[TH] DAY OF MARCH 2023 / 15TH PHALGUNA, 1944 BAIL APPL. NO. 1312 OF 2023** **AGAINST THE ORDER IN CMP 271/2023 OF TEMPORARY JUDL. FIRST CLASS MAGISTRATE COURT, NJARAKKAL CRIME NO.911 OF 2022 OF MUNAMBAM POLICE STATION,** ## **ERNAKULAM** ## **PETITIONER/ACCUSED NO.1:** DENNY BABU AGED 29 YEARS S/O BABU, THEKKANAPPALLY HOUSE, KUZHUPPILLY BEACH, ERNAKULAM, PALLIPPURAM VILLAGE, PIN – 682501. BY ADVS. T.R.KRISHNADAS RAHUL R.PAI ## **RESPONDENTS/COMPLAINANT:** 1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 2 INSPECTOR OF POLICE MUNAMBAM POLICE STATION, ERNAKULAM DISTRICT, PIN - 683515 ## **OTHER PRESENT:** P G MANU SR PP THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06.03.2023, THE COURT ON 20.02.2023 DELIVERED THE FOLLOWING: B.A.No.1312 of 2023 ..2.. ## **A.BADHARUDEEN, J.** **--------------------------------------------------------** ## **B.A.No.1312 of 2023** **-------------------------------------------------------Dated this the 6[th] day of March, 2023** ## **O R D E R** This is an application for regular bail filed under Section 439 of the Code of Criminal Procedure, by the petitioner who is the first accused in Crime No.911 of 2022 of Munambam Police Station, Ernakulam. 2. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 3. I have perused the case diary materials along with the report produced by the learned Public Prosecutor. B.A.No.1312 of 2023 ..3.. 4. The prosecution allegation is that, at about 11.00 p.m. on 09.10.2022, accused Nos.1 and 2 wrongfully restrained the defacto complainant, his cousin Ajith and his friend Vishnu, who were travelling on motorcycles through the Kazhuppalli Beach road and thereafter, the first accused beat on the head and face of Ajith with a wooden stick. The third accused beat on the head, shoulder and other parts of the body of Vishnu. Further they assaulted the defacto complainant also and thereby, the defacto complainant sustained injuries including fracture. On this premise, the prosecution alleges commission of the offences punishable under Sections 341, 323, 324, 326, 308 and 212 r/w 34 of the Indian Penal Code. 5. The learned counsel for the petitioner pointed out the custody of the petitioner from B.A.No.1312 of 2023 ..4.. 19.01.2022 and the progress of investigation, while pressing for regular bail in this case. The status of the petitioner as a first time offender also is pointed out in this regard. 6. Whereas the learned Public Prosecutor vehemently opposed bail, on the submission that the accused herein, after sharing common intention in order to commit culpable homicide, attacked the defacto complainant, his relative Ajith and his friend Vishnu, who were travelling on their motorcycle through the Munambam-Vypin beach road and when they reached at Kazhuppalli area. It is argued that the first accused used a wooden log to attack Ajith and the same caused frontal bone and nasal bone and metacarpal fracture. Therefore, the over acts at the instance of the petitioner against Ajith are very serious, though he survived. The B.A.No.1312 of 2023 ..5.. ## learned Public Prosecutor relied on medical records substantiating fracture as noted hereunder: 1. Fracture in the neck of fifth(little finger) metacarpal bone in the right hand of the complainant that led to the surgery of close reduction metacarpal bone in the right K wire fixation pop slab given vital are stable. 2. Fracture on Nasal bone and Frontial bone fracture caused to the complainant's brotherAjith. 3. Swelling on right parietal region, tenderness on right shoulder C Spine NO C tenderness caused to the complainant's friend Vishnu. 7. Further, it is submitted that the petitioner is a person having criminal antecedents and this is the fourth crime registered against him. Further it is pointed out that the other accused also are persons with criminal antecedents and the third accused is a person who was proceeded under KAAPA. B.A.No.1312 of 2023 ..6.. 8. On perusal of the case diary along with the report of the Investigating Officer highlighting the injuries, it could be gathered that very serious injuries sustained to Ajith as well as Vishnu. Fracture on the neck of fifth(little finger) metacarpal bone on the right hand of the injured led to the surgery by way of K wire fixation. Apart from that, Ajith sustained very serious injuries including fractures on frontal bone and nasal bone. Thus, it appears the prosecution allegation as to commission of offences by the petitioner is well made out prima facie. Further, the petitioner is a person with criminal antecedents and the investigation is on the midway. The attitude of the petitioner in involving repeated crimes is noted with extreme displeasure. Therefore, he can be enlarged on bail taking note of the progress of investigation and in condition of his custody from on B.A.No.1312 of 2023 **==> picture [20 x 8] intentionally omitted <==** imposing stringent conditions and one among the conditions is that he shall not involve or indulge in any offence during the currency of bail and any such event, if reported or came to the notice of this Court, the same alone shall be a reason to cancel the bail hereby granted. In the result, this petition stands allowed and he is released on bail on the following conditions: i. The petitioner shall be released on bail on his executing bond for Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court concerned. ii. The petitioner shall not intimidate the witnesses or tamper with evidence. He shall co-operate with the investigation and shall be available for trial. B.A.No.1312 of 2023 ..8.. iii. The petitioner shall appear before the Investigating Officer as and when directed and he shall meet the investigating officer on all Mondays in between 10 AM to 1 PM for a period of Two months without fail. iv. The petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of this case, so as to dissuade him from disclosing such facts to the court or to any police officer. v. The petitioner shall surrender his passport, if any, within 7 days from the date of his release, before the trial court. If he has no passport, he shall file an affidavit in this regard on the date of execution of the bond or within 3 days thereafter. vi. The petitioner shall not involve in any other offence during the currency of bail and any such event, if reported or came to the notice of this court, the same B.A.No.1312 of 2023 **==> picture [20 x 9] intentionally omitted <==** alone shall be a reason to cancel the bail hereby granted. Sd/- ## **A.BADHARUDEEN, JUDGE** rkj