P R RAJESH Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the victim/injured in a crime registered, inter alia, under Secs.120B and 302 of the IPC. In this petition, relief of cancellation of bail is claimed only against the 5th respondent i.e., the 1st accused. The police have also filed an application as Crl.M.C.No.15/07 wherein they have also claimed cancellation of bail granted to the 5th accused.

(2.) The 5th accused has been served. He had entered appearance through counsel who was representing him earlier before the court below. The learned counsel Mr.Dhanesh Mathew Manjooran was personally present before this Court on two earlier occasions. He is not present to be heard today. I have heard the learned counsel for the petitioner as also the learned Public Prosecutor.

(3.) The respondent is the 1st accused in the instant crime i.e., Crime No.137/06 of the Hill Palace Police Station. He along with the co-accused had allegedly attacked C.W.2 and one Kapil who were present in C.D. Shop of C.W.2 i.e., the petitioner herein. On account of prior animosity which arose from the role allegedly played by C.W.2's father and C.W.2 in connection with an earlier crime i.e., Crime No.330/03 (Vidyadharan murder case), the respondent/1st accused along with other co-accused had allegedly attacked C.W.2 and the said Kapil. The injured Kapil succumbed to his injuries; whereas the petitioner herein suffered as many as 46 injuries. The alleged incident took place on 6/3/2006. The respondent/1st accused (Jaison by name) was arrested on 29/3/06. He continued in custody till 18/11/06. Investigation was completed. Charge sheet was filed. Cognizance was taken and the case was committed to the Court of Session. The case is pending before the Court of Session as S.C.No.436/06.