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2022 Supreme(Online)(KER) 40503

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM THURSDAY, THE 24TH DAY OF NOVEMBER 2022 / 3RD AGRAHAYANA, 1944 BAIL APPL. NO. 9412 OF 2022 CRIME NO.812/2022 OF Vazhakulam Police Station, Ernakulam AGAINST THE ORDER/JUDGMENTCRMC 2510/2022 OF ADDITIONAL SESSIONS COURT (ADHOC)-II, ERNAKULAM PETITIONER/ACCUSED NO.5:

PRAVEEN,AGED 27 YEARS, S/O.PRASANNAN KURUMBALATHU HOUSE, CHEERAMKUZHYPEEDIKA PART, ENANALLOOR KARA, ENANALLOOR PO., ENANALLOOR VILLAGE. PIN - 686673 BY ADVS.

P.K.SAJEEVAN G.VIJAYAN B.RADHAKRISHNAN ATHIRA SAJEEVAN ARPANAI T.A.

NIYATHA RAJEEV RESPONDENTS/STATE & COMPLAINANT:

1 STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI - 682031

2 THE STATION HOUSE OFFICER VAZHAKULAM POLICE STATION, VAZHAKULAM, ALAPPUZHA DISTRICT, KERALA – 688534 BY PP SRI.M.C.ASHI THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON

24.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

VIJU ABRAHAM, J.

................................................................. .................................................................

Dated this the 24th day of November, 2022

ORDER

This is an application for regular bail.

2. Petitioner is the 5th accused in Crime No.812 of 2022 of Vazhakulam Police Station alleging commission of offences punishable under Sections 143, 148, 149, 212, 324, 326 and 307 of the Indian Penal Code.

3. The prosecution case is that the petitioner along with other accused on 17.09.2022 at about 11.30 a.m. attempted to commit murder of the defacto complainant by stabbing and thereby they committed the above offences.

4. The petitioner submits that he was arrested on 6.10.2022 and he is in no way connected with the above crime and there is no specific allegation against the petitioner. The investigation is almost over and further detention of the petitioner is not required for the purpose of the investigation. Even though, the petitioner moved an application for bail before the Sessions Court, Ernakulam, the same was rejected as per Annexure A1.

5. Learned Public Prosecutor would submit that the accused persons who were nine in number attacked the defacto complainant and two others due to previous enmity and the second accused attacked using a sword stick and the said attack was prevented by hand, he sustained serious injuries including two fractures on the hand and when his friend Siju tried to prevent the same, he was also attacked with the sword stick and he sustained injuries on his face and hand and accused Nos. 3, 5 and 6 attacked the said Siju by using iron rods and he sustained injuries on various parts of his body and another friend of the defacto complainant was stabbed by the 1st accused using a sword stick and he sustained serious injuries in his abdomen. The Public Prosecutor submitted that three persons suffered serious injuries in the alleged incident. It is also submitted that the petitioner is involved in two other cases including offences punishable under Section 308 IPC. It is also submitted that the 1st accused is involved in nine other cases, the 2nd accused in ten cases, 3rd accused in nine cases, 6th accused in one NDPS Case, 7th accused in six cases, 8th accused in three cases and the 9th accused in three cases. On the basis of the same, the learned Public Prosecutor submitted that if the petitioner is released on bail, there is every chance to get involved in similar cases and influence and intimidate the witnesses and also to abscond.

Three persons were seriously injured in the alleged incident.

The petitioner along with other accused has serious criminal antecedents. In view of the same, the apprehension raised by the learned Public Prosecutor cannot be brushed aside. Therefore, I am not inclined to grant bail to the petitioner at this stage. The bail application is accordingly dismissed.

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