Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM TUESDAY, THE 10TH DAY OF JANUARY 2023 / 20TH POUSHA, 1944 BAIL APPL. NO. 17 OF 2023 CRIME NO.284/2022 OF Agali Police Station, Palakkad AGAINST THE ORDER/JUDGMENTCMP 4715/2022 OF JUDICIAL MAGISTRATE OF FIRST CLASS , MANNARKAD
PETITIONER/ACCUSED: RAJKUMAR V,AGED 39 YEARS, S/O.VELLI, RESIDING AT THADIKUND OORU, CHINDAKKAI P.O, PADAVAYAL VILLAGE, PUDUR, AGALI,PALAKKAD DISTRICT, PIN - 678581 BY ADVS. T.K.SANDEEP VEENA HARIKUMAR SWETHA R. RESPONDENT/COMPLAINANT/STATE: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM PIN - 682031 BY PUBLIC PROSECUTOR SMT.SEETHA S. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BA No.17 of 2023 2
VIJU ABRAHAM, J.
B.A. No.17 of 2023 Dated this the 10th day of January, 2023
ORDER
This is an application for regular bail.
2. Petitioner is the sole accused in Crime No.284 of 2022 of Agali Police Station, Palakkad registered alleging commission of offences punishable under Sections 341, 323, 325 and 307 of the Indian Penal Code.
3. The prosecution allegation is that on 23.12.2022 at 10.00
p.m. the accused and his friends were sitting at Mini Civil Station building at Agali and were consuming liquor. During that time the accused and his friends made ruckus and hearing the same, the defacto complainant went there and questioned the same. Then the accused pushed the defacto complainant down and stamped on him causing injuries and internal bleeding on his head. Thus the petitioner has committed the aforesaid offences.
4. Petitioner submits that he was arrested on 27.12.2022
and is in custody since then and that he has been falsely implicated in the abovesaid crime. It is in fact the defacto complainant is the real aggressor who tried to attack the petitioner BA No.17 of 2023 3
and his friends and a crime was registered by the Agali Police against the defacto complainant as Crime No.285 of 2022 under Sections 341, 323 and 324 of the Indian Penal Code and Section 3(2)(va) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act. Petitioner further submits that there is no allegation for attracting incorporation of Section 307 IPC.
5. Learned Public Prosecutor opposed the application for
bail mainly contending that on medical examination, it was found that there was haemorrhage on brain of the defacto complainant and he sustained serious injuries. Learned Public Prosecutor upon instructions submitted that the petitioner has no other criminal antecedents. Considering the facts and circumstances of the case and the detention of the petitioner from 27.12.2022 onwards and also taking note of the fact that the petitioner has no other criminal antecedents, I am inclined to grant bail to him on the following conditions.
(i) The petitioner shall execute a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court.
(ii) He shall appear before the investigating officer in Crime No.284 of 2022 of Agali Police Station, Palakkad on all BA No.17 of 2023 4 Saturdays at 11.00 a.m. till the filing of charge sheet.
(iii) He shall not attempt to interfere with the investigation or to influence any witness in the abovesaid crime.
(iv) He shall not involve in any other crime while on bail. If any of the aforesaid conditions are violated, the
investigating officer in Crime No.284 of 2022 of Agali Police Station, Palakkad may file an application before the jurisdictional court, for cancellation of bail. Sd/- VIJU ABRAHAM JUDGE cks