Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN THURSDAY, THE 1ST DAY OF JUNE 2023 / 11TH JYAISHTA, 1945 CRIME NO.718/2023 OF KANJIRAPALLY POLICE STATION PETITIONERS/ACCUSED: 1 SUNIL MATHAI AGED 47 YEARS S/O MATHAI PULLINCHUVITIL HOUSE, AMARAVATHI, KARINILAM P.O KOTTAYAM DISTRICT, PIN - 686513 2 RANJITH E R AGED 37 YEARS S/O REJI, ELAVUNKAL HOUSE, AMARAVATHI, KARINILAM P.O KOTTAYAM DISTRICT, PIN - 686513 3 BINU M P AGED 47 YEARS S/O PEETHABARAN, MULATHANATHU HOUSE, AMARAVATHI, KARINILAM P.O KOTTAYAM DISTRICT, PIN - 686513
BY ADVS. AISWARYA E J VETTIKOMPIL CHRISTINE MATHEW RESPONDENT/STATE: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 BY SRI.P.G.MANU, SR.PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ORDER
Dated this the 1st day of June, 2023 Accused Nos.4, 5 and 6 in crime No.718/2023 of Kanjirapally police station, Kottayam seek the relief of pre- arrest bail in this petition filed under Section 438 of the Code of Criminal Procedure.
2. Heard the learned counsel for the petitioners and the learned Public Prosecutor.
3. In this matter, the prosecution alleges commission of
offences punishable under Sections 141, 142, 143, 144, 294(b), 323, 506(i), 308 of IPC on the premise that the accused herein attacked one 'Kannan' during an altercation between the passengers in a tourist bus and the JCB driver near Kanjirapally, Pettah Junction, when the tourist bus met with an accident. The prosecution allegation is that the fourth accused pushed down the defacto complainant and accused Nos.1 to 3 assaulted him. Apart from the allegation that the fourth accused pushed down the defacto complainant, no allegation raised against accused Nos. 5 and 6.
4. According to the learned counsel for the petitioners,
the petitioners are innocent and the overt acts are much less in so far as the petitioners are concerned. Further, it is submitted that the petitioners did not use any weapon as per the prosecution case. Therefore, the petitioners may be released on bail and they are ready to co-operate with the investigation.
5. Though the learned Public Prosecutor reported
involvement of fourth accused in crime No.250/2018 alleging commission of offence punishable under Section 279 of IPC as well one under Section 185 of the Motor Vehicles Act and involvement of the fifth accused in crime No.214/2017 involving offences punishable under Sections 451, 324 and 323 read with Section 34 of IPC.
6. On perusal of the prosecution records, the
complicity of the petitioners in this crime is much less. That apart, they did not use any weapon to assault the defacto complainant. Therefore, the investigation is possible even without custodial interrogation. In such view of the matter, the petitioners can be enlarged on anticipatory bail with direction to the petitioners to subject themselves for interrogation for the purpose of investigation. In the result, this bail application stands allowed and the petitioners are enlarged on anticipatory bail, on the following conditions:
i. The petitioners shall surrender before the Investigating Officer within ten days from today and on such surrender, the Investigating Officer can question the petitioners and recover the weapon, if any. In the event of their arrest, the Investigating Officer shall produce the petitioners before the Jurisdictional Court on the date of arrest itself. ii. On such production, Jurisdictional Court shall release the petitioners on bail, on executing bond for Rs.30,000/- (Rupees Thirty thousand) each, by themselves and by two sureties, each for the like sum to the satisfaction of the
Jurisdictional Court. iii. The petitioners shall co-operate with the investigation and shall be made available for interrogation and for the purpose of investigation, as and when the Investigating Officer directs so. iv. The petitioners shall not intimidate the witnesses or interfere with the investigation in any manner. v. The petitioners shall not commit any offence during currency of this bail and any such involvement is a reason to cancel the bail hereby granted.
Sd/- A. BADHARUDEEN JUDGE nkr