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AJITHKUMAR @ AJI & ORS. vs STATE OF KERALA & ANR.

High Court Of Kerala · Decided on 16 January 2018 · Citation: (2018) 01 KL CK 0059

HON’BLE JUDGES
Raja Vijayaraghavan V
ACTS & SECTIONS REFERRED
<a href=3863>Code of Criminal Procedure, 1973</a>, <a href=3863-439>Section 439</a> - Special powers of High Court or Court of Session regarding bail · <a href=1767>Indian Penal Code, 1860</a>, <a href=1767-34>Section 34</a>, <a href=1767-147>Sec
RESULT
Dismissed
CASE NUMBER
217 of 2018
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Judgment

18 paragraphs · 341 words
1.

These petitions are filed under Section 439 of the Code of Criminal Procedure.

2.

The petitioners herein are arrayed as the accused Nos. 1 to 4 in two Crimes registered at the Vizhinjam Police Station. Crime No.2375/2017

has been registered alleging offences punishable under Sections 294(b), 323, 324, 308 and 506(ii) read with 34 of the IPC and Section 27 of the

Arms Act. Crime No.2380/2017 has been registered alleging offences punishable under Sections 143, 147, 149, 294(b), 323, 324, 308 and

506(ii) of the IPC.

3.

The alleged incident in Crime No.2375/2017 was at 7.30 PM on 12.12.2017. It is alleged that the petitioners herein, in furtherance of their

common intention, wrongfully restrained the informant and inflicted serious injuries with weapons. The incident in Crime No.2380/2017, on the

other hand, took place at about at 8 PM on the same day. It is alleged that the petitioners herein, in furtherance of their common intention,

wrongfully restrained the informant and inflicted injuries with sharp cutting weapons.

4.

The learned counsel appearing for the petitioners submits that the petitioners were arrested on 25.12.2017 and have been in custody since then.

According to the learned counsel, the petitioners are innocent of the allegations and prays that having regard to the period of incarceration

undergone, they may now be released on bail.

5.

Heard the learned Public Prosecutor, who has opposed the prayer. He has made available the Wound Certificates of the victims. It is revealed

that the victims had sustained lacerated wounds on the forehead, parietal region and multiple incised wounds on various parts of his body. It is

further submitted that the investigation is in the early stages.

6.

Two crimes one after the other was allegedly committed by the petitioners. Serious injuries have also been inflicted on the victims. Having regard

to the nature and gravity of the allegations, the severity of the injuries inflicted, the stage of investigation and attendant facts, I am not inclined to

enlarge the petitioners on bail at this stage. Hence, these petitions are dismissed.