# `IN THE HIGH COURT OF KERALA AT ERNAKULAM` ## `PRESENT` ``` THE HONOURABLE MR. JUSTICE A. BADHARUDEEN ``` ``` TUESDAY, THE 28[TH] DAY OF MARCH 2023 / 7TH CHAITHRA, 1945 ``` ## `BAIL APPL. NO. 1123 OF 2023` ``` (CRIME NO. 1812/2022 OF ERAVIPURAM POLICE STATION, KOLLAM ``` ``` DISTRICT) ``` ## `PETITIONERS/ACCUSED 3, 5, 6 &7:` ``` 1SHIJOMON AGED 23 YEARS S/O.JOSEPH, EDAKKUNNAM LEKSHAM VEEDU, VADAKKUMBHAGOM, ERAVIPURAM, KOLLAM -, PIN - 691011 2VIPIN AGED 29 YEARS S/O.PUSHPARAJAN, NILAMELTHODI COASTAL AREA, ERAVIPURAM P.O, KOLLAM -, PIN - 691011 3SHIJIN @ KUTTAPPAI AGED 19 YEARS S/O.JOSEPH, EDAKKUNNAM LEKSHAMVEEDU, VADAKKUMBHAGOM, ERAVIPURAM, KOLLAM, PIN - 691011 4SAJITH AGED 23 YEARS S/O.SAJEEV, KATTAPPELLI, KIZHAKKATHIL, ERAVIPURAM, KOLLAM DISTRICT PIN - 691011 BY ADVS. PRATHEESH.P ANJANA KANNATH ``` ## `RESPONDENTS/STATE:` ``` 1STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 ``` BAIL APPL. No. 1123 of 2023 **==> picture [8 x 9] intentionally omitted <==** ``` 2STATION HOUSE OFFICER ERAVIPURAM POLICE STATION, KOLLAM, PIN - 691011 ``` ``` OTHER PRESENT: ``` ``` SR PP T V NEEMA ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` BAIL APPL. No. 1123 of 2023 ``` 3 ``` ## O R D E R Dated this the 28[th] day of March, 2023 This is an application for anticipatory bail filed by accused Nos. 3, 5, 6 and 7 in Crime No. 1812/2022 of Eravipuram Police Station, Kollam. 2. Heard the learned counsel for the petitioners as well as the learned Public Prosecutor. 3. I have perused the relevant documents placed by the learned Public Prosecutor. 4. The prosecution case is that, at about 11.55 hours on 24.12.2022, the accused herein, formed into an unlawful assembly with knowledge that they are members of the said assembly, armed with deadly weapons and assaulted the defacto complainant and his friends with intention to commit culpable homicide not amounting to murder. Subsequent to the occurance, recording the statement of the defacto complainant, crime alleging commission of offences BAIL APPL. No. 1123 of 2023 ``` 4 ``` punishable under Sections 143, 147, 148, 323, 324, 326, 294(b), of Indian Penal Code, 1860, was registered. 5. The learned counsel for the petitioners submitted that no specific overt acts alleged against petitioners and the defacto complainant sustained injuries including fracture and the same are the contribution of the 1[st] and 2[nd] accused. It is also submitted that, in fact, the person who got arrayed as 2[nd] accused in this crime is a minor/ a juvenile in conflict with law and he also sustained injuries in this occurance. Casualty Out Patient Ticket dated 25.12.2022, in relation to the minor has been given emphasis to show injuries sustained Mr. Abhinesh (minor). 6. Whereas, the learned Public Prosecutor strongly opposed the bail and submitted that there is specific allegation that the 3[rd] accused used a beer bottle to beat on the left hand of the defacto complainant and same caused corresponding injury. Therefore, arrest and custodial interrogation of the 3[rd] BAIL APPL. No. 1123 of 2023 ``` 5 ``` accused are necessary. 7. In this matter, going by the First Information Statement, it is alleged that the 1[st] accused beat on the back of the head of the defacto complainant by using an iron piece and the same caused fracture to the right hand. Further allegation is that, the 2[nd] accused beat the defacto complainant by using a stone. The allegation against the 3[rd] accused that, he beat on left wrist of the defacto complainant by using the beer bottle. The allegation against the A5 is that, he kicked on the chest and back of the defacto complainant repeatedly. Similarly, A7 beat the defacto complainant on his chest and back by using his hands. It is further stated that there are about eight persons, assaulted the defacto complainant. Here, petitioners are accused Nos. 3, 5, 6 and 7, since, the prosecution alleges commission of offences herein above referred, including one under Section 149 CrPC, there is no reason to record the complicity of one among them, in BAIL APPL. No. 1123 of 2023 ``` 6 ``` segregation. However, the fact remains is that, accused Nos. 1 to 3 beat the defacto complainant and same caused serious injuries. The wound certificate of the defacto complainant shows injuries on the head, right elbow, forefinger, index finger of varying size, including fracture. Abrasion on left elbow, left arm, 4 cm below wrist of 3x0.8 cm also noted. Thus, assault at the instance of the 3[rd] accused/ 3[rd] petitioner, caused corresponding injury as pointed out. Therefore, arrest, custodial interrogation and recovery of the beer bottle alleged to be used by the 3[rd] accused/ 3[rd] petitioner are absolutly necessary to accomplish meaningful investigation and eventful prosecution. However, the overt acts of the other petitioners are much less and they did not use any weapons. Therefore, anticipatory bail plea of the 3[rd] accused / 3[rd] petitioner stands dismissed while allowing the same in favour of the other petitioners. Accordingly, the petition stands partly allowed and BAIL APPL. No. 1123 of 2023 ``` 7 ``` petitioners 5, 6 and 7/accused Nos. 5, 6 and 7 are enlarged on bail, on the following conditions: i. The petitioner Nos. 5, 6 and 7/ accused Nos. 5, 6 and 7 shall surrender before the Investigating Officer within ten days from today and on such surrender, the Investigating Officer can question the petitioner Nos. 5, 6 and 7/ accused Nos. 5, 6 and 7 . In the event of their arrest, the Investigating Officer shall produce the petitioner Nos. 5, 6 and 7/ accused Nos. 5, 6 and 7 before the jurisdictional court on the date of arrest itself. ii. On such production, the jurisdictional court shall release the petitioner Nos. 5, 6 and 7/ accused Nos. 5, 6 and 7 on bail, on executing bond for Rs.30,000/- (Rupees thirty thousand only) by themselvs and by two solvent sureties, each for the like sum to the satisfaction of the jurisdictional court. iii. The petitioner Nos. 5, 6 and 7/ accused Nos. 5, 6 and 7 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 petitioner Nos. 5, 6 and 7/ accused Nos. 5, 6 and 7, BAIL APPL. No. 1123 of 2023 ``` 8 ``` shall not, intimidate the witnesses or interfere with the investigation in any manner. v. The petitioner Nos. 5, 6 and 7/ accused Nos. 5, 6 and 7 shall meet the Investigating Officer on all Mondays in between 10.00 am to 1.00 pm for a period of six weeks. vi. The petitioner Nos. 5, 6 and 7/ accused Nos. 5, 6 and 7 shall not commit any offence during currency of this bail and any such involvement alone is a reason to cancel the bail hereby granted. Sd/- A. BADHARUDEEN JUDGE mtk