Vijilal V v. State of Kerala; Aswin U v. State of Kerala

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE A. BADHARUDEEN TUESDAY, THE 21[ST] DAY OF FEBRUARY 2023 / 2ND PHALGUNA, 1944 ``` ## **`BAIL APPL. NO. 986 OF 2023`** ## **`CRIME NO.1078/2022 OF KAYAMKULAM POLICE STATION, ALAPPUZHA`** ## **`DISTRICT`** ## **`PETITIONER/ACCUSED:`** ``` VIJILAL V AGED 26 YEARS S/O. VIJAYAN, MALIKAPADEETTATHIL, CHIRAKADAVAM, KAYAMKULAM, ALAPPUZHA DISTRICT, PIN - 690501 BY ADVS. M.G.SREEJITH LUKE J CHIRAYIL P.JAYA VIDYAJITH M. ROJIN DEVASSY JOSEPH MARVEL NORONHA BIBAS C. BABU AMAL JOSE ELSA MARY THOMAS ``` ## **`RESPONDENTS/STATE & COMPLAINANT:`** ``` 1STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI - 682031 2THE STATION HOUSE OFFICER KAYAMKULAM POLICE STATION, ALAPPUZHA DISTRICT, KERALA, PIN - 690501 SRI.P G MANU – SENIOR PUBLIC PROSECUTOR ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21.02.2023, ALONG WITH Bail Appl.NO.992/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` BAIL APPL. NOs. 986 & 992 OF 2023 ``` ``` 2 ``` # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ## **`THE HONOURABLE MR. JUSTICE A. BADHARUDEEN`** ``` TUESDAY, THE 21[ST] DAY OF FEBRUARY 2023 / 2ND PHALGUNA, 1944 ``` ## **`BAIL APPL. NO. 992 OF 2023`** ``` CRIME NO.1078/2022 OF KAYAMKULAM POLICE STATION, ``` ## **`ALAPPUZHA DISTRICT`** ## **`PETITIONER/ACCUSED:`** ``` ASWIN U AGED 26 YEARS S/O. UNNI, SREEGANGA, ERUVA WEST , ERUVA P.O, KAYAMKULAM, ALAPPUZHA DISTRICT, PIN - 690501 BY ADVS. M.G.SREEJITH LUKE J CHIRAYIL P.JAYA VIDYAJITH M. ROJIN DEVASSY JOSEPH MARVEL NORONHA BIBAS C. BABU AMAL JOSE ELSA MARY THOMAS ``` ## **`RESPONDENTS / STATE & COMPLAINANT:`** ``` 1STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI - 682031 2THE STATION HOUSE OFFICER KAYAMKULAM POLICE STATION, ALAPPUZHA DISTRICT, KERALA, PIN - 690501 ``` ``` SRI.P G MANU – SENIOR PUBLIC PROSECUTOR ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21.02.2023, ALONG WITH Bail Appl.NO.986/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` BAIL APPL. NOs. 986 & 992 OF 2023 ``` ``` 3 ``` ## **`ORDER`** **`[Bail Appl. Nos.986/2023, 992/2023]`** Dated this the 21[st] day of February, 2023 These are bail applications at the instance of accused Nos.6 and 7 in Crime No. 1078/2022 of Kaayamkulam Police Station. 2. Heard the learned counsel for the petitioners and the learned Public Prosecutor. 3. I have perused the relevant materials forming part of the case dairy produced by the learned Public Prosecutor. 4. The prosecution case is that at about 5.30 pm on 12.11.2022 the accused herein formed into unlawful assembly armed with deadly weapons with knowledge that they are all the members of the said assembly, assaulted the defacto complainant and his friend Manu Sebastian and thereby caused serious injuries to defacto complainant and Manu Sebastian. On the above facts, prosecution alleges commission of offences punishable under Sections 143, 147, 148, 294(b), 324, 326 and 149 of the Indian Penal Code. 5. The learned counsel for the petitioners would submit that the allegations as to use of weapon is specifically against the first accused and ``` BAIL APPL. NOs. 986 & 992 OF 2023 ``` ``` 4 ``` this Court granted anticipatory bail to accused Nos.2 to 4 as per order in Bail Application Nos.10173, 9962 and 10176 of 2022 dated 3[rd] January, 2023. According to the learned counsel for the petitioners the complicity of the petitioners herein is much less than that of the accused Nos.2 to 4. There is no allegation that they caused any specific injuries to the defacto complainant or to Manu Sebastian. Therefore, they may be released on anticipatory bail. 6. The learned Public Prosecutor opposed the bail while conceding that this Court granted anticipatory bail to accused Nos.2 to 4. It is also submitted that the weapon alleged to be used by the 1[st] accused was recovered. 7. On scrutiny of the case diary, it is discernible that the petitioners after sharing common intention to assault the defacto complainant and Manu Sebastian, attacked them by using sword and sticks and in consequence of the same Manu sustained very serious injuries, including deep lacerated wound over forehead 8x1x1 cm skull exposed, deep lacerated wound over right parietal frontal region of 10x1x1 cm and deep lacerated wound right middle finger on 1X 0.5 cm. In the treatment ``` BAIL APPL. NOs. 986 & 992 OF 2023 ``` **==> picture [8 x 9] intentionally omitted <==** certificate of Manu Sebastian, depressed fracture of left side of frontal bone and ethmoid pneumo-encephalus noted. Left frontal EDH and management of head injury by admitting Manu for a period of 11 days from 13.11.2022 to 24.11. 2022. 8. Complicity of the petitioners in fact is at par with the other accused and in such case grant anticipatory bail is not the rule. However, I am inclined to release the petitioners on anticipatory bail directing them to subject for interrogation and recover weapons if any, and also for identification purpose, since another learned Judge this Court already granted bail to accused Nos. 2 to 4, who are at par with the petitioners, to avoid discrimination amoung accused of the same stature. Accordingly, these petitions stand allowed and the petitioners can be enlarged on bail, on the following conditions: i. The petitioners shall surrender before the Investigating Officer within ten days from today in between 9 am and 4 pm and the Investigating Officer interrogate the petitioners and to recover weapons, if any, and identify them. In the event of their arrest, the Investigating Officer shall produce the petitioners before the jurisdictional ``` BAIL APPL. NOs. 986 & 992 OF 2023 ``` ``` 6 ``` court on the date of arrest itself. ii. iii. On such production, the jurisdictional court shall release the petitioners on bail, on executing bond for Rs.30,000/- (Rupees thirty thousand only) by themselves and by two solvent sureties, each for the like sum to the satisfaction of the jurisdictional court. 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. Further they shall appear before the Investigating Officer on all Wednesdays between 9 am and 10 am for six weeks from the date of his surrender. iv. The petitioners shall not intimidate the witnesses or interfere with the investigation in any manner. v. The petitioners shall not commit any offence during currency of this bail and any such involvement is a reason to cancel the bail hereby granted. ``` SD/- A. BADHARUDEEN JUDGE ``` BR ``` BAIL APPL. NOs. 986 & 992 OF 2023 ``` ``` 7 ``` ## **`APPENDIX OF BAIL APPL. 986/2023`** ``` PETITIONER’S ANNEXURES ``` ``` Annexure-A1TRUE COPY OF FIR IN CRIME NO.1078/2022 OF KAYAMKULAM POLICE STATION Annexure-A2TRUE COPY OF ORDER DATED 21-12-2022 IN B.A. NO.9880/2022 IN THE FILES OF HON'BLE HIGH COURT OF KERALA Annexure-A3TRUE COPY OF COMMON ORDER DATED 03-01- 2023 IN B.A. NO.10173, 9962 AND 10176 OF 2022 ``` ``` RESPONDENT’S ANNEXURES: NIL ``` ``` BAIL APPL. NOs. 986 & 992 OF 2023 ``` ``` 8 ``` ## **`APPENDIX OF BAIL APPL. 992/2023`** ``` PETITIONER’S ANNEXURES ``` ``` Annexure-A1TRUE COPY OF FIR IN CRIME NO.1078/2022 OF KAYAMKULAM POLICE STATION Annexure-A2TRUE COPY OF ORDER DATED 21-12-2022 IN B.A. NO.9880/2022 IN THE FILES OF HON'BLE HIGH COURT OF KERALA Annexure-A3TRUE COPY OF COMMON ORDER DATED 03-01- 2023 IN B.A. NO.10173, 9962 AND 10176 OF 2022 IN THE FILES OF HIGH COURT OF KERALKA ``` ``` RESPONDENT’S ANNEXURES: NIL ``` ``` BAIL APPL. NOs. 986 & 992 OF 2023 ``` ``` 9 ```