High CourtsSingle Bench(2021) 04 KL CK 0106

Anandu T. J vs State Of Kerala And Ors

High Court Of Kerala · Decided on 16 April 2021

HON’BLE JUDGES
K. Haripal, J
RESULT
Dismissed
CASE NUMBER
Bail Application No. 1870 Of 2021

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Judgment

15 paragraphs · 314 words
1.

The petitioner, who is the first accused in Crime No.175 of 2021 of Chinganavanam Police Station has moved this application for anticipatory bail.

2.

The allegation is that the petitioner and others had, after making preparations trespassed upon the residence of the defacto complainant and

attacked him. Wooden stick was used for assailing the defacto complainant. It is alleged that an unlawful assembly, in prosecution of the common

object and after making preparations entered the said house and caused injuries. This offence punishable under Sections 143, 144, 147, 148, 149, 452,

427, 354, 294 (b), 314, 323 & 324 read with Section 149 of I.P.C is alleged against the petitioner and others.

3.

According to the learned counsel for the petitioner though the incident had happened on 14.02.2021 at 11.00 P.M, the crime was registered only on

16.02.2021. According to Annexure â€" 1, O.P ticket issued from Public Health Centre, Sachivothamapuram, on 15.02.2021 he had sought treatment

from the Public Health Centre; it is further alleged that after knowing about it a case was got registered against the petitioner and others. According to

the learned Public Prosecutor, immediately after the incident, the injured was taken to the hospital and on the basis of the First Information Statement

the crime was registered in Chingavanam Police Station and only natural delay had occurred in this case.

4.

After hearing counsel on both sides, I am not convinced that this is a fit case for granting anticipatory bail.

5.

Petitioner is at liberty to surrender before the investigating officer; if he surrenders before the investigating officer within a period of ten days, after

recording the arrest, if any, shall be produced before the Court on the same day and I am sure that on presenting an application for regular bail, it shall

be considered as expeditiously as possible.

Subject to the above, the application is dismissed.