Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. TUESDAY, THE 27TH DAY OF JUNE 2023 / 6TH ASHADHA, 1945 BAIL APPL. NO. 4811 OF 2023 CRIME NO.244/2023 OF RAMAMANGALAM POLICE STATION PETITIONERS/ACCUSED NOS.1 & 2: 1 BONY AGED 30 YEARS S/O JOY, MEPPANAL HOUSE, OORAMANA P.O., MEEMURY VILLAGE, ERNAKULAM, PIN - 686663 2 SANU C SUNNY AGED 28 YEARS S/O SUNNY C A, CHERUMANCHIRAYIL HOUSE, KIZHUMURI P.O., RAMAMANGALAM, ERNAKULAM, PIN - 686663 BY ADVS. K.R.PRATHISH S.UNNIKRISHNAN (NELLAD) RESPONDENT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 SR PP SREEJA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: :2 :
ORDER
Dated this the 27th day of June, 2023 The petitioners are accused Nos.1 and 2 in crime No.244/2023 of Ramamangalam Police Station. The offences alleged against the petitioners are under Sections 452, 323, 324, 294(b), read with Section 34 of the Indian Penal Code.
2. The prosecution case is that, on 06.05.2023 at about
6.30 p.m., the petitioners assaulted the defacto complainant by using a wooden stick after trespassing into his catering unit. The crime was registered in such circumstances, and as the petitioners apprehend arrest in connection with the investigation of the said case, this application for anticipatory bail is submitted.
3. Heard Sri. K.R. Prathish, the learned counsel appearing for the petitioners and Smt. Sreeja V., the learned Senior Public Prosecutor for the State.
4. The learned counsel for the petitioners submits that the
petitioners are innocent of all the allegations. It is also pointed out that no serious injuries were sustained by any of the persons. The petitioners are ready and willing to cooperate with the investigation and shall abide by any conditions that may be imposed by this Court. :3 :
5. The learned Public Prosecutor would submit that, the 1 st
petitioner/1st accused was already arrested on 17.06.2023. As regards the 2nd petitioner/2nd accused, there are certain allegations, and the matter is under investigation.
6. I have gone through the records. It is true that, there
are allegations against the petitioners. It is evident from the records that no serious injuries were sustained by the victims. The only non-bailable offence is under Section 452 of Cr.P.C. Considering the nature of allegations and the gravity thereof, I am of the view that the interest of justice would be served if the cooperation of the 2nd petitioner with the investigation is ensured. As regards the 1st petitioner, the prayer sought by him has become infructuous since he is already arrested. In such circumstances, this bail application is disposed of as regards the prayer sought by the 2 nd petitioner, with the following directions:
(i) The 2nd petitioner shall surrender before the Investigating Officer, within a period of two weeks from today, for subjecting himself to interrogation.
(ii) After interrogation, the 2nd petitioner shall be released on
bail on the very same day of surrender upon the petitioner executing a bond for Rs 1,00,000/- (Rupees One Lakh only) with two sureties each for the like sum to :4 : the satisfaction of the Investigating Officer.
(iii) The 2nd petitioner shall fully cooperate with the investigation, including subjecting himself to the deemed police custody for the purpose of recovery, if any, as and when demanded.
(iv) The 2nd petitioner shall appear before the Investigating Officer between 10.00 a.m. and 11.00 a.m. every Saturday until the filing of the final report.
(v) The 2nd petitioner shall also appear before the Investigating Officer as and when required.
(vi) The 2nd petitioner shall not commit any offence of similar nature while on bail.
(vii) The 2nd 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. (viii) The 2nd petitioner shall not leave the State of Kerala without the permission of the Jurisdictional Court.
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 ncd :5 : APPENDIX OF BAIL APPL. 4811/2023 PETITIONER ANNEXURES Annexure A1 CERTIFIED COPY OF THE ORDER DATED 06.06.2023 IN CRL.MC NO. 1515 OF 2023 OF DISTRICT AND SESSIONS COURT, ERNAKULAM