Judgment:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH TUESDAY,THE25H DAY OF MARCH20144TH CHAITHRA, 1936 Bail Appl..No. 2038 of 2014 () ------------------------------- CRIME NO. 96/2014 OF VADAKKENCHERRY POLICE STATION, PALAKKAD DISTRICT ----------------------------- APPLICANT / ACCUSED NO. 1 : -------------------------------------------- BASHEER AGED45YEARS S/O. KUNJUMUHAMMED, KALLINGALPADAM KANNAMBRA, ALATHUR, PALAKKAD, PIN. BY ADVS.SRI.PRASUN.S SRI.PAUL MATHEW (PERUMPILLIL) RESPONDENT/COMPLAINANT/STATE : -------------------------------------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM PIN - 682 031, REPRESENTING S.I. OF POLICE VADAKKENCHERY POLICE STATION. BY PUBLIC PROSECUTOR SRI. SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON2503-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn THOMAS P. JOSEPH. J.
========================= Bail Application No. 2038 of 2014 ============================ Dated this the 25th day of March, 2014 ORDER
Petitioner is the 1st accused in Crime No.96 of 2014 of the Vadakkenchery police station for the offences punishable under Secs.294(b), 323, 324, 326 and 341 r/w. Sec.34 of the Penal Code, apprehends arrest and has filed this application.
2. Learned Public Prosecutor has opposed the application. It is submitted that on 22.12.2013 at or by 04:30 p.m. while the de facto complainant was driving his autorickshaw, there was a collision between that vehicle and an innova car in which the petitioner and the second accused were travelling. Due to the de facto complainant questioning the petitioner and the second accused, they attacked the de facto complainant. The petitioner collected a jacky lever from the car and assaulted the de facto complainant which affected his nerve on the limb. He is B.A. NO. 2038 of 2014 2 undergoing treatment. The weapon is not recovered.
3. Learned counsel submitted that the de facto complainant attacked the petitioner and on the same day the petitioner was admitted in the hospital. On his complaint, Annexure - A1, FIR was registered against the de facto complainant on 13.01.2014. The de facto complainant preferred a complaint against the petitioner and the second accused only about a month later. It is submitted that the petitioner is prepared to co-operate with investigation of the case. It is pointed out that the alleged incident is not pre- calculated.
4. In response, learned Public Prosecutor has pointed out that the de facto complainant was admitted in the hospital on 23.12.2013 and according to him, intimation was given from that hospital. But the case was not registered. Later the de facto complainant was shifted to another hospital for better treatment.
5. Having regard to the relevant circumstances, I am B.A. NO. 2038 of 2014 3 inclined to think that the incident happened on the spur of the moment. Petitioner has offered to co-operate with investigation. Hence I am inclined to grant relief to the petitioner but protecting the interest of the de facto complainant as well to some extent. Application is disposed of as under:
1. Petitioner shall surrender before the officer investigating Crime No.96 of 2014 of the Vadakkenchery police station on 02.04.2014 at 10:00 a.m. for interrogation. 2) In case interrogation is not completed that day, the said officer can direct the petitioner to appear before him on any other date/dates and time which he shall comply. 3) Petitioner shall co-operate with investigation of the cases. 4) In case the petitioner is arrested, he shall be produced before the jurisdictional magistrate the same day. 5) On such production, the petitioner shall be released if not required to be detained otherwise on his executing bond for Rs.20,000/- (Rupees Twenty thousand only) B.A. NO. 2038 of 2014 4 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 deposit Rs.20,000/- (Rupees Twenty thousand only) in his name in a nationalised bank for a period of two years (renewable as per the order of the learned magistrate) and produce the FD receipt before the learned magistrate within a month from the date of his release on bail so that in case the petitioner is made liable to pay compensation, such compensation to the extent possible could be realised from the amount in deposit. c) Petitioner shall report to the investigating officer on every alternate Saturday between 10:00 a.m. and 12:00 p.m until filing of the final report or for a period of two months, whichever is earlier. d) Petitioner shall report to the investigating officer as and when required for interrogation. e) Petitioner shall not intimidate/influence the witnesses. B.A. NO. 2038 of 2014 5 f) Petitioner shall not get involved in any offence during the period of this bail. g) In case of violation of any of conditions Nos. (b) to (f), it is open to the Investigating Officer or the de facto complainant to seek cancellation of the bail granted hereby by moving application before the learned magistrate as held in P.K. Shaji V. State of Kerala (AIR2006Supreme Court 100). Sd/- THOMAS P.JOSEPH, JUDGE //true copy// P.A. to Judge Smv