Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.BHAVADASAN TUESDAY, THE29H DAY OF OCTOBER20137TH KARTHIKA, 1935 Bail Appl..No. 4568 of 2013 () ------------------------------- CRIME NO. 957/2013 OF OLLUR POLICE STATION , THRISSUR DISTRICT -------------------------------------- PETITIONERS/ACCUSED NO. 1 TO4: ------------------------------------------------------ 1. KIRAN,AGED20YEARS, S/O.PRABHAKARAN, PEEDIKAPPARAMBIL HOUSE,P.O. MARATHAKKARA, MARATHAKKARA DESAM, THRISSUR DISTRICT-680 320 2. SUMESH,AGED30YEARS, S/O.SUKUMARAN, PERUVAMKULANGARA HOUSE, P.O. MARATHAKKARA, MARATHAKKARA DESAM, THRISSUR DISTRICT-680 320 3. SUDHEESH, AGED29YEARS, S/O.SUKUMARAN, PERUVAMKULANGARA HOUSE, P.O. MARATHAKKARA, MARATHAKKARA DESAM, THRISSUR DISTRICT-680 320 4. AVINASH BABU,AGED17YEARS, S/O.BABU, PERUVAMKULANGARA HOUSE, P.O. MARATHAKKARA, MARATHAKKARA DESAM, THRISSUR DISTRICT-680 320, REPRESENTED BY HIS FATHER BABU, AGED48YEARS, S/O.UNNICHEKKAN, PERUVAMKULANGARA HOUSE, P.O. MARATHAKKARA, MARATHAKKARA DESAM, THRISSUR DISTRICT-680 320 BY ADVS.SRI.P.G.SURESH SRI.C.V.MANUVILSAN RESPONDENT/COMPLAINANT : -------------------------------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE OLLUR, THRISSUR DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT. P.MAYA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON2910-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts P.BHAVADASAN, J.
- - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 4568 of 2013 - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of October, 2013 ORDER
In respect of an incident which is alleged to have taken place on 03.05.2013 at about 8.45 pm., there was an attack between two groups in which the persons of both sides were injured. Based on the complaint laid by one of the petitioners herein, Crime No.956 of 2013 of Ollur Police Station was registered for the offences punishable under Sections 341, 323 and 324 of IPC. Later on, on a complaint filed by one of the injured, Crime No. 957 of 2013 of Ollur Police Station was registered against the petitioners for the offences punishable under Sections 143, 147, 148, 341, 323, 324, 452, 354 and 427 read with Section 149 of IPC.
2. The allegation against the petitioners is that they trespassed into the house of the defacto complainant and brutally attacked them causing injuries to them. B.A. No.4568/2013 -2- 3. Petitioners have a different version regarding the incident. They would say that it was they who were attacked persons and as a retaliatory measure, a false complaint has been laid to get over the difficulties that could be caused by the register of the crime against them.
4. The learned Public Prosecutor opposed the petition and pointed out that petitioners are guilty of causing injuries to the defacto complainant.
5. After having heard the learned counsel for the petitioners and the the learned Public Prosecutor and having perused the records, though the claim of the petitioners that they were totally innocent cannot be accepted, there seems to be some force in their contention that the incident has not occurred as alleged. It is conceded that Crime No. 956/2013 has been registered against the defacto complainant arose in Crime No. 957/2013 for offences punishable under Section 341, 323 and 324 of IPC. It is also significant to notice that the crime registered against the defacto complainant is prior B.A. No.4568/2013 -3- in point of time. At any rate, the claim of the defacto complainant in Crime No.957/2013 in which the petitioners are accused does not appear to be quite convincing. Considering the various facts, it is felt that this is a fit case where extraordinary jurisdiction of this Court needs to be exercised in favour of the petitioners. The petition is allowed as follows:
1. Petitioners 1 to 3 shall surrender before the Investigating Officer on or before 05.11.2013, who, after interrogation, shall produce them before the JFCM court concerned, which court, on an application for bail being moved by the petitioners shall release them on bail on each of them executing a bond for a sum of ` 15,000/- (Rupees Fifteen thousand only) with two solvent sureties for the like sum each to the satisfaction of the said court. B.A. No.4568/2013 -4- 2) The court concerned shall ensure the identity of the sureties and the veracity of the tax receipts, before granting bail. 3) Petitioners 1 to 3 shall appear before the Investigating Officer on every Tuesday between 9.00 am and 10.00 am until further orders. 4) Petitioners 1 to 3 shall not tamper or attempt to tamper with the evidence and influence or try to influence the witnesses. 5) If any of the conditions is violated, bail granted to the petitioners shall stand cancelled and the court concerned may take such steps as are available to it in accordance with law. P.BHAVADASAN JUDGE ds