Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS TUESDAY, THE 30TH DAY OF MAY 2023 / 9TH JYAISHTA, 1945 BAIL APPL. NO. 309 OF 2023 ARISING OUT OF CRIME NO.1249/2022 OF NARAKKAL POLICE STATION PETITIONER/ACCUSED NO.1: AMAL ANTONY AGED 25 YEARS,S/O ANTONY T.J, THAIVELIKKAKATH HOUSE, OCHANTHURUTH P.O, ERNAKULAM DISTRICT - 682508, PIN - 682508 M.V.VIPINDAS DIASTUS KOMATH N.P.SILPA DAISON KOMATH RESPONDENTS/STATE:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2 STATION HOUSE OFFICER NARAKKAL POLICE STATION, NARAKKAL, ERNAKULAM, PIN - 682505 3 PETER TINSON S/O MARTIN WELLS, VATHRUPARAMBIL HOUSE, PUTHUVYPU P.O, ERNAKULAM - 682508, PIN - 682508 4 LOYID S/O LOSHIAS, KUZHUVELI HOUSE, OCHANTHURUTH P.O, ERNAKULAM DISTRICT - 682508, PIN - 682508 PUBLIC PROSECUTOR denizen komath
SMT. T V NEEMA - SENIOR PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS TUESDAY, THE 30TH DAY OF MAY 2023 / 9TH JYAISHTA, 1945 BAIL APPL. NO. 298 OF 2023 ARISING OUT OF CRIME NO.1249/2022 OF NARAKKAL PLICE STATION PETITIONER/ACCUSED NO.2: ALAN WILFRED AGED 33 YEARS, S/O. WILFRED, KANAKKASSERY HOUSE, OCHANTHURUTH P.O, ERNAKULAM DISTRICT - 682508, PIN - 682508 M.V.VIPINDAS DIASTUS KOMATH N.P.SILPA DAISON KOMATH RESPONDENTS/STATE:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 STATION HOUSE OFFICER NARAKKAL POLICE STATION, NARAKKAL, ERNAKULAM, PIN - 3 PETER TINSON S/O MARTIN WELLS, VATHRUPARAMBIL HOUSE, PUTHUVYPU P.O, ERNAKULAM - 682508., PIN - 682508 4 LOYID S/O LOSHIAS, KUZHUVELI HOUSE, OCHANTHURUTH P.O, ERNAKULAM DISTRICT - 682508., PIN - 682508 PUBLIC PROSECUTOR denizen komath SRI.P G MANU - SENIOR PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BECHU KURIAN THOMAS, J.
----------------------------------------- B.A.Nos. 309 & 298 of 2023 ---------------------------------------- Dated this the 30th day of May, 2023
ORDER
These are applications for pre-arrest bail filed under Section 438 of the Code of Criminal Procedure, 1973.
2. Petitioners are accused Nos. 1 and 2 in Crime No.1249 of 2022
of Narakkal Police Station, Ernakulam District, alleging offences punishable under Sections 341,323,324 and 308 read with Section 34 of the Indian Penal Code, 1860.
3. According to the prosecution, the accused had on 29.10.2022
assaulted the defacto complainant (the 3 rd respondent), while the 2 nd accused stabbed him and the 4th respondent on his shoulders with a knife and thereby the accused actedin furtherance of their common intention and committed the offences alleged.
4. Sri.M.V Vipindas, the learned counsel for the petitioners
contended that the prosecution allegations are false and that the incident as alleged had not occurred. It was further submitted that the entire disputes between the parties have already been settled which is evident from an affidavit dated 11.01.2023 wherein it is stated that the defacto complainant has no objection.
5. Sri.Denizen Komath, learned counsel appearing on behalf of
respondents 3 and 4 also submitted that the matter has been settled between the parties as is evident from the affidavit and that the defacto complainant stands by the contents of the said affidavit.
6. Sri.P.G Manu, the learned Public Prosecutor also upon instruction, submitted that the matter has been settled as stated in the affidavit dated 11.01.2023.
7. Having regard to the settlement arrived at between the parties,
I am of the view that, the petitioners ought to be released on anticipatory bail, however on conditions. Accordingly, these applications are allowed on the following conditions:
(i) Petitioners shall be released on bail on they executing a bond for Rs.25,000/- (Rupees Twenty Five Thousand only) each with two solvent sureties for the like sum if they are arrested by the police in connection with this case.
(ii) Petitioners shall appear before the Investigating Officer for interrogation if they are so required in writing and shall co-operate with the investigation.
(iii) Petitioners shall not destroy or tamper with the evidence.
(iv) Petitioners shall not commit any other similar offences while they
are on bail. In case of violation of any of the above conditions, the jurisdictional Magistrate is empowered to cancel the bail in accordance with law. BECHU KURIAN THOMAS JUDGE AP/30/05/2023 APPENDIX OF BAIL APPL. 309/2023 PETITIONER ANNEXURES Annexure A1 A TRUE COPY OF THE FIR REGISTERED IN CONNECTION WITH CRIME NO. 1249/2022 OF NARAKKAL POLICE STATION APPENDIX OF BAIL APPL. 298/2023 PETITIONER ANNEXURES Annexure A1 A TRUE COPY OF THE FIR REGISTERED IN CONNECTION WITH CRIME NO. 1249/2022 OF NARAKKAL POLICE STATION