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2022 Supreme(Online)(KER) 29213
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944 BAIL APPL. NO. 9345 OF 2022 AGAINST THE ORDER/JUDGMENTCRMC 2469/2022 OF DISTRICT COURT &
SESSIONS COURT, ERNAKULAM CRIME NO.911/2022 OF MUNAMBAM POLICESTATION, ERNAKULAM PETITIONER/ACCUSED:
DENNY BABU, AGED 29 YEARS S/O BABU, THEKKANAPALLY HOUSE KUZHUPILLY BEACH ERNAKULAM PALLIPURAM VILLAGE, PIN - 688541 BY ADVS.
T.R.KRISHNADAS RAHUL R.PAI RESPONDENT/COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM,PIN-682013, PIN - 682013
2 INSPECTOR OF POLICE MUNAMBAM POLICE STATION, ERNAKULAM, DISTRICT, PIN - 683515 OTHER PRESENT:
PP:Seetha S THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
23.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
VIJU ABRAHAM, J.
................................................................. .................................................................
Dated this the 23rd day of December, 2022
ORDER
This is an application for anticipatory bail.
2. The petitioner is arrayed as the 1st accused in Crime No.
911/2022 of Munambam Police Station alleging commission of offences punishable under Sections 341, 323, 324, 326, 308 and 34 of IPC.
3. The prosecution allegation is that on 9/10/2022 at about 11 P.M. the defacto complainant was riding a motor Cycle through the PWD Road at Kuzhupilly beach while then the petitioner along with two other accused intercepted the motorcycle of the defacto complainant and attacked the defacto complainant and his friend.
4. Petitioner submits that he has been falsely implicated in the above-said crime and it is the defacto complainant who attacked the petitioner on 13.11.2022 and Annexure A2 crime was registered against the defacto complainant. Eventhough, the alleged incident was on 09.10.2022, the FIR was lodged only on 15.10.2022. The injuries if any sustained may be due to the fight with other gangs at the beach.
5. Learned Public Prosecutor opposed the application for bail and submitted that due to the previous enmity, accused nos. 1 and 2 conspired to attack the defacto complainant and on 09.10.2022 the defacto complainant was attacked and the petitioner herein hit him on his head using a wooden log and caused fracture on the skull and nasal bone. 2nd accused also hit the defacto complainant with a wooden log which resulted in fracture of his right hand. The petitioner is accused in two crimes, whereas 2nd accused is also accused in 2 other crimes, the 3rd accused is involved in eight other cases and KAPPA proceedings were also initiated against him.
6. Considering the serious overt acts alleged against the petitioner and the criminal antecedents, I am not inclined to grant pre-arrest bail to the petitioner, and the bail application is disposed of as follows.
Petitioner may surrender before the investigating officer and co-
operate with the investigation. In the event of arrest of the petitioner, he shall be produced before the jurisdictional Magistrate on the very same day. If an application for bail is filed with advance copy to the Public Prosecutor, the jurisdictional Magistrate may consider the bail application preferably on the very same day.
