Adarsh A.S v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V MONDAY, THE 21ST DAY OF DECEMBER 2015/30TH AGRAHAYANA, 1937 Bail Appl..No. 7361 of 2015 ------------------------------- CRMP 2144/2015 of ADDL. SESSIONS COURT-I, KOTTAYAM CRIME NO. 1882/2015 OF KARUKACHAL POLICE STATION, KOLLAM PETITIONER(S)/ACCUSED 1, 3, 4 & 2:
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1. ADARSH A.S., AGED 29 YEARS, ARANAPPARA HOUSE, NEDUMANNI P.O.NEDUMKUNNAM, KOTTAYAM.
2. NIKHIL SASEENDRAN PILLAI AGED 42 YEARS UZHUTHARAPPALLIL HOUSE, NEDUMANNI P.O.NEDUMKUNNAM KOTTAYAM.
3. RAHUL M.R. AGED 28 YEARS RAHUL BHAVAN, NEDUMANNI P.O., NEDUMKUNNAM KOTTAYAM.
4. RAJESH B, AGED 32 YEARS VENGASSERIL HOUSE, MANTHURUTHI P.O., 12TH MILE NEDUMKUNNAM, KOTTAYAM.
BY ADVS.SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN SRI.V.VINAY RESPONDENT(S)/STATE:
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1. STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM - 682 031.(CRIME NO.1882/2015 OF KARUKACHAL POLICE STATION KOTTAYAM DISTRICT).
2. STATION HOUSE OFFICER KARUKACHAL POLICE STATION KOTTAYAM DISTRICT -686 540. (CRIME NO.1882/2015 OF KARUKACHAL POLICE STATION KOTTAYAM DISTRICT).
BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
RAJA VIJAYARAGHAVAN.V. J - - - - - - - - - - - - - - - - - - - - B.A. 7361 of 2015 - - - - - - - - - - - - - - - - Dated 21st December, 2015 - - - - - - - - - - - - - - - - - - - - - - - -
ORDER
1.This petition is filed u/s 438 of the Code of Criminal Procedure seeking pre-arrest bail.
2.The petitioners are accused Nos. 1, 3, 4 and 2 in Crime No.1882 of 2015 of Karukachal police station. The aforesaid crime has been registered alleging offence punishable u/s 323, 324, 326 r/w S.34 of the IPC.
3.The gist of the prosecution allegation is that on 26.10.2015 at 9.30 pm, the petitioners, in furtherance of their common intention wrongfully restrained the informant and inflicted grievous injuries using dangerous weapons. It is further alleged that the informant, in addition to sustaining injuries all over his body, had also sustained a fracture to the left ring finger.
B.A.7361/15 4.I have heard the learned counsel appearing for the petitioners as well as the learned Public Prosecutor. 5.The learned counsel appearing for the petitioner has submitted that the registration of the crime is politically motivated. It is submitted that the incident had not happened in the manner alleged.
6.The application was vehemently opposed by the learned Public Prosecutor and submitted that custodial interrogation cannot be dispensed with in the facts and circumstances.
7.It appears prima facie from the earliest records that there are serious allegations against the petitioners. This is not a fit case where discretionary relief of prearrest bail can be granted. At the same time, after considering all the circumstances pointed out by the learned counsel appearing for the petitioners, I am of
B.A.7361/15 the view that an opportunity can be granted to the petitioners to surrender before the Investigating Officer and to co-operate with the investigation. 8.In the result, the application is disposed of directing that the petitioners, if they so desire or are so advised, may surrender before the Investigating Officer within two weeks from today and in such case, the Investigating Officer shall interrogate the petitioners, effect recovery if any, and conduct necessary investigation and thereafter produce the petitioners without delay before the jurisdictional Magistrate, where the petitioners can move for bail. If the petitioners so appear and apply for bail, the learned Magistrate must proceed to pass orders on merits, in accordance with law and expeditiously, preferably on the date of surrender itself.
Sd/- RAJA VIJAYARAGHAVAN.V.
Judge Mrcs/21/12/2015