Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN WEDNESDAY, THE 31ST DAY OF MAY 2023 / 10TH JYAISHTA, 1945 BAIL APPL. NO. 4046 OF 2023 CRIME NO.991/2023 OF VARKALA POLICE STATION, THIRUVANANTHAPURAM PETITIONERS/ACCUSED NOS.2 TO 5: 1 DEEPU AGED 24 YEARS, S/O RAJEEV, PARAVILA PUTHENVEEDU, PAPANASAM, VARKALA, PIN - 695141 2 AKHIL, AGED 25 YEARS, S/O ANIL, ARUN NIVAS, MELVETTOOR, VARKALA, PIN - 695312 3 AMAL AGED 22 YEARS, S/O ANIL, ARUN NIVAS, AYANTHI, MELVETTOOR, VARKALA, PIN - 695312 4 NANDHU AGED 25 YEARS, S/O SANTHOSH, BS BHAVAN, CHERUNNIYOOR, VARKALA, PIN - 695142 BY ADV P.ANOOP (MULAVANA) RESPONDENT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ORDER
Dated this the 31st day of May, 2023 This is a petition filed under Section 438 of the Code of Criminal Procedure, seeking pre-arrest bail and petitioners are accused Nos. 2 to 5 in crime No.991/2023 of Varkala Police Station, Thiruvananthapuram.
2. Heard the learned counsel for the petitioners as well as the learned Public Prosecutor. Perused the relevant documents form part of the case diary, produced by the learned Public Prosecutor.
3. The prosecution case is that, at about 22.30 hours on
07.05.2023, the accused persons caused hurt to the defacto complainant after wrongfully restraining and abusing him with intention to commit culpable homicide not amounting to murder. The specific case is that, the 1 st accused beat on the head and shoulder of the defacto complainant with an iron rod and the 2 nd accused punched the defacto complainant's nose. The other accused also slapped the defacto complainant without use of any weapon. On this premise the prosecution alleges commission of
offences punishable under Sections 341, 447, 294(b), 323, 324 and 308 r/w 34 of IPC.
4. The learned counsel for the petitioners would submit
that, the petitioners are innocent and the prosecution alleges use of an iron rod by the 1st accused only and there is no allegation for the prosecution that the other accused did use any weapon. Therefore, the petitioners' complicity is much less and they deserve anticipatory bail, is the submission of the learned counsel for the petitioners.
5. The learned Public Prosecutor opposed grant of
anticipatory bail to the petitioners and submitted that, the prosecution allegations are well made out prima facie. However, the iron rod was recovered at the instance of the 1 st accused. It is submitted by the learned Public Prosecutor that, in the report of the Investigating Officer, another crime vide Crime No.28 of 2020 of Varkala Police Station alleging commission of offences punishable under Sections 323, 294(b) and 341 r/w 34 of IPC is also stated. But the report does not show this crime is relating to which accused.
6. On perusal of the available materials, the overt acts at the instance of the 1st accused by using an iron rod could be
gathered. But there is no allegation for the prosecution that the other accused did use any weapon to assault the defacto complainant, in any manner. Therefore, the investigation is possible even without custodial interrogation of the petitioners. Therefore, I am inclined to enlarge the petitioners on anticipatory bail, with direction to the petitioners to surrender before the Investigating Officer for the purpose of interrogation and to aid the investigation. Therefore, this petition stands allowed. The petitioners are enlarged on pre-arrest bail on 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 record their statement, if necessary. 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 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 SK JUDGE