Eby Baby And Ors vs State Of Kerala

This is an application filed under Section 438 of Cr.P.C seeking anticipatory bail.

The Applicants are accused No.3 and 4 respectively in crime No. 2 of 2021 of Kodanadu Police Station for having allegedly committed offences

punishable under Sections 308,323,324,143,144,341 & 148 R/w 149 of IPC.

The prosecution case, in brief is that, on 2.01.2021 at about 10:30 PM, the applicants who are the members of an unlawful assembly together with

nine accused and in prosecution of the common object of the said unlawful assembly, they wrongly restrained the de facto complainant and others

assaulted them with dangerous weapons like stone and handle of knife etc and caused a grieving hurt to the defacto complainant as he his nasal bone

was fractured and they assaulted him with a stone which could have turned fatal, and thus the applicants attempted to commit culpable homicide. The

applicants state that the allegations are not true and that there is also a counter case registered against the defacto complainant and others as Crime

No.3 of 2021 at the same Police Station and some of the persons who are included as the accused in the present crime were assaulted by the defacto

complainant and others. The injuries are not very serious, accused Nos. 5,6,7 and 9 were already granted anticipatory bail and therefore the applicants

also seek pre-arrest bail.

Heard the learned counsel for the applicants and the learned Public Prosecutor.

The learned Public Prosecutor points out that that the main overt act of having caused a fracture to the nasal bone of the de facto complainant is

attributed to the 3rd accused. It is alleged that he used a stone to cause the injury. It is also pointed out by the learned Public Prosecutor that said

applicant has criminal antecedents and he involved in another crimes. The learned counsel appearing for the applicant, in answer to that submits that

the earlier crime is for bailable offence, that apart he is not involved in any other crime. A4 has not used any dangerous weapon to cause serious hurt

and therefore the applicants seek pre-arrest bail.

After having the heard the submissions of both sides, I find that the injury sustained by the de facto complainant though grave is not very serious

injury. The applicants are not likely to be abscond. Some of the accused have already been granted bail. The applicants are willing to cooperate with

the investigation. A counter case is also registered. Under these circumstances, custodial interrogation of the applicants may not be essential.

Hence, the applicants shall surrender before the investigating officer within two weeks, and after interrogation in the event of their arrest, they shall

be released on bail on execution of bond for Rs.50,000/-(Rupees Fifty thousand only) each with two solvent sureties for the like amount each to the

satisfaction of the investigating officer and on the following conditions;

i. They shall not tamper with evidence, influence or intimidate witnesses.

ii. They shall appear before the investigating officer as and when called for.

iii. They shall not get involved in similar offences during the bail period.

In the event of violating the bail conditions, the prosecution shall be at liberty to apply for cancellation of bail before the jurisdictional court.