Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR FRIDAY, THE 12TH DAY OF MAY 2023 / 22ND VAISAKHA, 1945 BAIL APPL. NO. 3127 OF 2023 CRIME NO.17/2023 OF KANAKAKUNNU POLICE STATION, ALAPPUZHA PETITIONER/ACCUSED: V. DHARMARAJAN, AGED 72 YEARS, S/O LATE VELAYUDHAN, SARPPALAAYAM, PUTHIYAVILA NORTH, PATTOLI MARKET, KAYAMKULAM, ALAPPUZHA., PIN - 690531. BY ADV VIVEK VENUGOPAL RESPONDENT/COMPLAINANT: STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031. BY SR.PP.P.G.MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.G. AJITHKUMAR, J.
------------------------------- B.A.No. 3127 of 2023 -------------------------------------------------------- Dated this the 12th day of May, 2023
ORDER
This is an application for anticipatory bail filed under Section 438 of the Code of Criminal Procedure, 1973.
2. The petitioner is the accused in Crime No.17 of
2023 of Kanakakunnu Police Station, Alappuzha, for having allegedly committed the offences punishable under Sections 294(b), 353 and 506 of the Indian Penal Code, 1860.
3. The prosecution allegation is that at about 5.00
p.m. on 08.01.2023 the de facto complainant, who is the Advocate Commissioner appointed from the Munsiff's Court, Kayamkulam in O.S.No.460 of 2022 went to Pudiyavila Ikkorathu Kavu Kudumbayogam Temple for inspection in terms of the order of her appointment, and at that time the petitioner took her photographs and abused her. When she tried to enter the Temple, the petitioner obstructed and using a stick attempted to assault her.
4. The petitioner would contend that he did not involve in the alleged crime and without any material or evidence, he was implicated in the crime.
5. The learned Public Prosecutor opposes grant of
anticipatory bail to the petitioner. It is submitted that considering the nature of the offence, arrest and questioning of the petitioner is required and if anticipatory bail is granted, a proper investigation would not be possible.
6. Having heard the learned counsel on both sides
and considering the nature of the offence, I am of the view that detention of the petitioner during the period of investigation is not necessary in this case. In the result, the bail application is allowed and the petitioner is directed to surrender before the investigating officer within two weeks. After interrogation and in the event of his being arrested, he shall be released on bail on the execution of a bond for Rs.50,000/- (Rupees fifty thousand only), with two solvent sureties for the like amount each, to the satisfaction of the investigating officer, and on the following conditions:
(i) He shall not influence or intimidate witnesses or tamper with evidence;
(ii) He shall appear before the investigating officer as and when called for; and
(iii) During the bail period, he shall not get
involved in any offence. In case of breach of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court. Sd/- P.G. AJITHKUMAR, JUDGE APA APPENDIX OF BAIL APPL. 3127/2023 PETITIONER'S ANNEXURES Annexure 1 TRUE PHOTOCOPY OF THE FIR IN CRIME NO. POLICE STATION, ALAPPUZHA Annexure 2 THE COPY OF THE PHOTOGRAPH TAKEN BY THE PETITIONER Annexure 3 TRUE PHOTOCOPY OF THE SAID REPORT DATED 13.01.2021 IN I.A.NO.2/2022 IN OS.NO.460/2022 FILED BEFORE THE MUNSIFF'S COURT, KAYAMKULAM Annexure 4 TRUE PHOTOCOPY OF THE ORDER DATED 20.01.2023 IN B.A.NO.542/2023 PASSED BY THIS HON'BLE COURT.
Annexure 5 TRUE PHOTOCOPY OF THE DISCHARGE SUMMARY
ISSUED BY THE AMRITA INSTITUTE OF MEDICAL SCIENCES & RESEARCH CENTRE DATED 30.07.2009