Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.BHAVADASAN FRIDAY, THE29H DAY OF NOVEMBER20138TH AGRAHAYANA, 1935 Bail Appl..No. 7819 of 2013 CRIME NO. 1209/2013 OF AROOR POLICE STATION , ALAPPUZHA DISTRICT. PETITIONER/ACCUSED:- ----------------------------------- BIBIN, AGED30YEARS, S/O. KUNJAPPAN, KUNNUTHARA HOUSE, ERAMALLOOR.P.O., CHERTHALA, ALAPPUZHA DISTRICT. BY ADV. SRI.SAKIR.K.H. RESPONDENT/COMPLAINANT:- ------------------------------------------- 1.THE SUB INSPECTOR OF POLICE AROOR POLICE STATION, PIN-688547. 2.STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. R1 &R2 BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON2911-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:- KKS P.BHAVADASAN, J.
- - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 7819 of 2013 - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of November, 2013 ORDER
The petitioner is the sole accused in Crime No. 1209 of 2013 Aroor Police Station who is alleged to have committed the offences punishable under Sections 452, 354, 427, 506 (ii), 323, 324 and 294(b) of IPC.
2. The allegation against the petitioner is that on 26.11.2013 at about 7.00 pm., he trespassed into the house of the defacto complainant and attacked the inmates of the house causing injuries to them.
3. The petitioner would say that he is innocent and has been falsely implicated with ulterior motive. It is pointed out that the dirty water is used to be flown by the side of the boundary of the petitioner to which objection was taken by the petitioner since it caused considerable nuisance to the wife of the petitioner who is in the early stage of her pregnancy. Annoyed with the said act, the B.A. No.7819/2013 -2- petitioner would say that a false complaint has been laid against him. He would say that he has not committed any act which would constitute an offence.
4. The learned Public Prosecutor opposed the petition and pointed out that the investigation is at an infant stage.
5. After having heard the learned counsel for the petitioner and the learned Public Prosecutor and having perused the records, there seems to be some force in the contentions raised by the learned counsel for the petitioner. The claim made by the petitioner that he is totally innocent also cannot be accepted. A deeper probe into the veracity of the allegations is not warranted at this point of time. Suffice to say that considering the totality of the circumstances, it is felt that this is a fit case where extraordinary jurisdiction of this Court needs to be exercised in favour of the petitioner. The petition is allowed as follows: B.A. No.7819/2013 -3- 1) The petitioner shall surrender before the Investigating Officer on or before 06.12.2013, who, after interrogation, shall produce him before the JFCM court concerned, which court, on an application for bail being moved by the petitioner shall release him on bail on his 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. 2) The court shall ensure the identity of the sureties and the veracity of the tax receipts, before granting bail. 3) The petitioner shall appear before the Investigating Officer on every Wednesday between 9.00 am and 10.00 am until further orders. 4) The petitioner shall not tamper or attempt to tamper with the evidence and influence or try to influence the witnesses. B.A. No.7819/2013 -4- 5) If any of the conditions is violated, bail granted to the petitioner shall stand cancelled and the court concerned may take such steps as are available to it in accordance with law. P.BHAVADASAN JUDGE ds