Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH TUESDAY, THE18H DAY OF FEBRUARY201429TH MAGHA, 1935 BAIL APPL..NO. 1021 OF2014() ------------------------------- CRIME NO. 48/2014 OF KALIYAR POLICE STATION , IDUKKI DISTRICT -------------------- PETITIONER/ACCUSED : ------------------- SAJI, AGED42YEARS, S/O.GOVINDAN, KUDILUMMATTATHIL, PAINGOTTOOR, MUVATTUPUZHA BY ADVS.SRI.S.RAJEEV SRI.K.K.DHEERENDRA KRISHNAN RESPONDENTS/STATE: ------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM682031 (CRIME NO .48/2014 OF KALIYAR POLICE STATION IDUKKI DISTRICT) 2. STATION HOUSE OFFICER, KALIYAR POLICE STATION, IDUKKI DISTRICT685582 (CRIME NO482014 OF KALIYAR POLICE STATION IDUKKI DISTRICT) BY PUBLIC PROSECUTOR SMT. LALIZA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON1802-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: NS THOMAS P.JOSEPH, J.
==================================== B.A. No.1021 of 2014 ==================================== Dated this the 18th day of February, 2014 ORDER
Petitioner is the 1st accused in Crime No.48 of 2014 of the Kaliyar Police Station for the offences punishable under Sections 143, 147, 148, 323 and 307 read with Sec.149 of the Indian Penal Code, apprehends arrest and has filed this application.
2. Learned Public Prosecutor has opposed the application. It is submitted that on 31.01.2014 at about 5.30 p.m. while the de facto complainant and another were riding a motor cycle, the petitioner and other identifiable persons who came driving a car tried to hit the motor cycle, the de facto complainant and another fell down, the car was reversed and again brought forward to hit the de facto complainant and another. A weapon was taken from the car in order to cause death of the de facto complainant.
3. Learned counsel submitted that the allegations are not true. There was money transaction between the petitioner and the de facto complainant. The petitioner demanded repayment of the amount. The de facto complainant poured acid on the face of the petitioner on 14.12.2013 for which the Pothanikkad Police have B.A. No. 1021 of 2014 -:
2. :- registered Crime No.890 of 2013 for the offences under Secs.323, 341, 526B and 506(i) read with Sec.34 of the IPC. Thereafter the de facto complainant was pressurising the petitioner to withdraw the complaint for which certain complaints were filed before the police against the petitioner which were referred as false. The de facto complainant was aware that the petitioner used to go to the temple on every Friday morning. The de facto complainant and another waylaid the petitioner and attempted to block the car in which the petitioner was travelling. It is also submitted that allegation regarding use of the weapon emerged only after a lawyer intervened even as revealed from the statement of the de facto complainant. It is submitted that the injuries suffered by the de facto complainant and another are minor in nature. Learned counsel submitted that the petitioner will co-operate with the investigation of the case.
4. Having regard to the relevant circumstances I am inclined to grant relief to the petitioner but subject to conditions so that the investigation is not affected. The application is allowed as under: (i) Petitioner shall surrender before the the Officer investigating Crime No.48 of 2014 of the Kaliyar Police Station B.A. No. 1021 of 2014 -:
3. :- on 24.02.2014 at 10.00 a.m for interrogation. (ii) If interrogation of the petitioner is not completed that day, he shall appear before the officer investigating the case on the day/days and time as directed by him which the petitioner shall comply. (iii) In case petitioner is arrested, he shall be produced before the jurisdictional magistrate the same day. (iv) On such production, the petitioner shall be released (if not required to be detained otherwise) on his executing bond for Rs.25,000/- (Rupees twenty five thousand only) with two sureties for the like sum each to the satisfaction of the learned magistrate and subject to the following conditions: (a) One of the sureties shall be a close relative of the petitioner. (b) Petitioner shall report to the officer investigating Crime No.48 of 2014 of the Kaliyar Police Station on every Monday and Saturday between 10.00 a.m and 12.00 p.m for a period of two months or until final report is filed, whichever is earlier. (c) Petitioner shall report to the officer investigating the case as and when required for interrogation at all reasonable time B.A. No. 1021 of 2014 -:
4. :- and place. (d) Petitioner shall co-operate with the investigation. (e) Petitioner shall not get involved in any offence during the period of this bail. (f) Petitioner shall not intimidate or influence the witnesses. (v) In case the petitioner violates any of conditions (b) to (f), it is open to the investigating Officer to move the learned magistrate until committal if any, and thereafter before the learned Principal Sessions Judge concerned for cancellation of the bail as held in P.K.Shaji v. State of Kerala (AIR 2006 SC100. THOMAS P.JOSEPH, JUDGE. vsv