Anandu vs State of Kerala

Type Court Judgment Court Kerala Decided Apr 28, 2023

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Citation: sooperkanoon.com/1356023
Court: Kerala High Court
Judge: Honourable Mr.Justice Ziyad Rahman a.a.
Decided On: Apr 28, 2023
Case Number: Bail Appl./3099/2023

Parties & Advocates

Appellant / Petitioner

Anandu

Respondent

State of Kerala

Excerpt

.....crime no.0195/2023 of nooranadu police station which was registered for the offences punishable under sections 294(b), 324, 323 and 307 of indian penal code.2. the prosecution case is that, on 26.02.2023 at 7.00 p.m.the petitioner assaulted the defacto complainant, with an iron rod thereby causing serious injuries on his forehead. the crime was registered in such circumstances and as part of investigation of the said case the petitioner was arrested on 27.02.2023. since then, he has been under judicial detention. this bail application is submitted seeking regular bail.3. heard sri.alex k. john, the learned counsel appearing for the petitioner and smt.seetha s., the learned public prosecutor for the state.4. the leaned counsel for the petitioner submits that thepetitioner was falsely implicated in the said case. it is further pointed out that, now the matter has been settled between the parties and annexure a3 affidavit sworn by the defacto complainant was also relied on to substantiate the same.5. on the other hand, the learned public prosecutor wouldoppose the aforesaid application by pointing out that, there are serious allegations against the petitioner. besides the same, the petitioner is also involved in several other criminal cases and proceedings under the provisions of kaapa were also initiated. however, the contention of the learned counsel for the petitioner that matter is settled and it is confirmed by the learned public prosecutor.6. i have gone through the records and heard the contentions raised by both sides. it is true that there are serious allegations against the petitioner and the petitioner is also havingcriminal antecedents. but, the fact remains that the matter is reportedly settled between the parties and as per annexure a3 affidavit sworn by defacto complainant he had clearly stated that he does not have any grievance against the petitioner. moreover, the petitioner is in custody since 27.02.2023. in such circumstances, the continued.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. FRIDAY, THE 28TH DAY OF APRIL 2023 / 8TH VAISAKHA, 1945 CRIME NO.0195/2023 OF NOORANADU POLICE STATION PETITIONER/ACCUSED: ANANDU AGED 24 YEARS S/O. RAJAN, ARUN BHAVAN, PANAYIL MURI, PALAMEL VILLAGE, ALAPPUZHA,, PIN - 689512 BY ADVS. ALEX K.JOHN SRAYAS JOSEPH JOE J URUVATH RESPONDENTS/STATE: 1 STATE OF KERALA REP BY ITS GOVERNMENT PLEADER, HIGH COURT OF KERALA, PIN - 682031 2 STATION HOUSE OFFICER NOORANADU POLICE STATION, KAYAMKULAM - PATHANAPURAM RD, NOORANAD, KERALA, PIN - 690504 3 DEPUTY SUPERINTENDENT OF POLICE 8J89+FP4, CHENGANNUR, KERALA, PIN - 689122 BY ADV SMT.SEETHA S. - SR.PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ORDER

The petitioner is the accused in Crime No.0195/2023 of Nooranadu Police Station which was registered for the offences punishable under Sections 294(b), 324, 323 and 307 of Indian Penal Code.

2. The prosecution case is that, on 26.02.2023 at 7.00 p.m.

the petitioner assaulted the defacto complainant, with an iron rod thereby causing serious injuries on his forehead. The crime was registered in such circumstances and as part of investigation of the said case the petitioner was arrested on 27.02.2023. Since then, he has been under judicial detention. This bail application is submitted seeking regular bail.

3. Heard Sri.Alex K. John, the learned counsel appearing for the petitioner and Smt.Seetha S., the learned Public Prosecutor for the State.

4. The leaned counsel for the petitioner submits that the

petitioner was falsely implicated in the said case. It is further pointed out that, now the matter has been settled between the parties and Annexure A3 affidavit sworn by the defacto complainant was also relied on to substantiate the same.

5. On the other hand, the learned Public Prosecutor would

oppose the aforesaid application by pointing out that, there are serious allegations against the petitioner. Besides the same, the petitioner is also involved in several other criminal cases and proceedings under the provisions of KAAPA were also initiated. However, the contention of the learned counsel for the petitioner that matter is settled and it is confirmed by the learned Public Prosecutor.

6. I have gone through the records and heard the contentions raised by both sides. It is true that there are serious allegations against the petitioner and the petitioner is also having

criminal antecedents. But, the fact remains that the matter is reportedly settled between the parties and as per Annexure A3 affidavit sworn by defacto complainant he had clearly stated that he does not have any grievance against the petitioner. Moreover, the petitioner is in custody since 27.02.2023. In such circumstances, the continued incarceration of the petitioner appears to be not necessary.

In the result, this application is allowed and the petitioner is directed to be released on bail subject to the following conditions: 1) The petitioner shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One Lakh only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court.

2) The petitioner shall fully co-operate with the investigation. 3) The petitioner shall appear before the Investigating Officer between 10.00 a.m and 11.00 a.m on every Wednesday until the filing of final report. 4) The petitioner shall appear before the Investigating Officer as and when required. 5) The petitioner shall not commit any offence of similar nature while on bail. 6) The petitioner shall not make any attempt to contact any

of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation. 7) The petitioner shall not leave the State of Kerala without the permission of the jurisdictional court. 8) The petitioner shall surrender his passport before the Jurisdictional court and, in case he does not have a passport, an affidavit to that effect shall be filed. In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation of bail, if any, and pass appropriate orders in accordance with the law.

Sd/- ZIYAD RAHMAN A.A. JUDGE scs APPENDIX OF BAIL APPL. 3099/2023 PETITIONER ANNEXURES Annexure A1 TRUE COY OF THE FIR IN CRIME NO. 0195 OF 2023 OF NOORANADU POLICE DATED 27.2.2023 Annexure A2 TRUE COPY OF THE ORDER OF HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT- II, MAVELIKKARA DATED 15.3.23 Annexure A3 TRUE COPY OF THE SAID AFFIDAVIT DATED 2.4.23

Same Court & Year Kerala · 2023 Same Parties Anandu vs State of Kerala Same Judge Honourable Mr.Justice Ziyad Rahman a.a.