Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM TUESDAY, THE 3RD DAY OF JANUARY 2023 / 13TH POUSHA, 1944 BAIL APPL. NO. 10173 OF 2022 PETITIONER/ACCUSED NO.3: UNNIKRISHNAN AGED 26 YEARS S/O. SATHEESAN, ASWATHY BHAVANAM, ERUVA WEST , ERUVA P.O, KAYAMKULAM, ALAPPUZHA DISTRICT, PIN - 690501 BY ADVS. M.G.SREEJITH LUKE J CHIRAYIL P.JAYA VIDYAJITH M. JOSEPH MARVEL NORONHA ROJIN DEVASSY BIBAS C. BABU AMAL JOSE RESPONDENTS/STATE: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 THE STATION HOUSE OFFICER KAYAMKULAM POLICE STATION, ALAPPUZHA DISTRICT, KERALA, PIN - 690501 BY SRI. M.C.ASHI (PP) THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03.01.2023, ALONG WITH Bail Appl..9962/2022, 10176/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM TUESDAY, THE 3RD DAY OF JANUARY 2023 / 13TH POUSHA, 1944 BAIL APPL. NO. 9962 OF 2022 PETITIONER/ACCUSED NO.2: VISHNU PRASAD AGED 24 YEARS S/O. KRISHNANDAS, KRISHSNALAYAM, ERUVA WEST, ERUVA.P.O, KAYAMKULAM, ALAPPUZHA DISTRICT, PIN - BY ADVS. M.G.SREEJITH LUKE J CHIRAYIL P.JAYA VIDYAJITH M. ROJIN DEVASSY BIBAS C. BABU JOSEPH MARVEL NORONHA AMAL JOSE ELSA MARY THOMAS RESPONDENTS/STATE: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 THE STATION HOUSE OFFICER KAYAMKULAM POLICE STATION, ALAPPUZHA DISTRICT, KERALA, PIN - 690501 BY SRI. M.C.ASHI (PP) THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03.01.2023, ALONG WITH Bail Appl..10173/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM TUESDAY, THE 3RD DAY OF JANUARY 2023 / 13TH POUSHA, 1944 BAIL APPL. NO. 10176 OF 2022 PETITIONER/ACCUSED NO.4: SHYAM S AGED 31 YEARS S/O. SOMAN, CHERUKAVITHRA, ERUVA P.O, KAYAMKULAM, ALAPPUZHA DISTRICT, PIN - 690501 BY ADVS. M.G.SREEJITH LUKE J CHIRAYIL P.JAYA VIDYAJITH M. ROJIN DEVASSY BIBAS C. BABU JOSEPH MARVEL NORONHA AMAL JOSE ELSA MARY THOMAS RESPONDENTS/STATE: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 THE STATION HOUSE OFFICER KAYAMKULAM POLICE STATION, ALAPPUZHA DISTRICT, KERALA, PIN - 690501 BY SMT. SEETHA S. (PP) THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03.01.2023, ALONG WITH Bail Appl..10173/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
VIJU ABRAHAM , J.
=========================== ============================ Dated this the 3rd day of January, 2023
ORDER
These are applications for anticipatory bail
2. B.A. No. 10173 is filed by accused No. 3, B.A. No. 10176 is
filed by accused No. 4 and B.A. No. 9962 is filed by accused No.2 in Crime No. 1078/2022 of Kayamkulam Police Station, Alappuzha district alleging commission of offences punishable under Sections 143, 147, 148, 294(b), 324, 326 and 149 of the Indian Penal Code.
3. The prosecution allegation is that, the accused who are 10
in numbers, out of a sudden provocation had attacked the defacto complainant and his friends, causing injury to the head of one of the friends of the defacto complainant.
4. The learned counsel for the petitioners submitted that
petitioners are all students undergoing degree course at MSM College, Kayamkulam. Petitioners submitted that their names are not mentioned initially in the F.I.R. There has some dispute regarding the conduct of the boat race. The petitioners are part of the winning team and only on the said vengeance, the present crime has been registered. Petitioners submits that they have absolutely no role in the commission of the said offence. Though the alleged incident happened on 12.11.2022, complaint was registered on 13.11.2022 and they are arrayed as accused only on 12.12.2022.
5. The learned Public Prosecutor opposed the application for
bail mainly contending that the investigation so far revealed that the petitioners have an active role in commission of the offence and further submitted that petitioners have criminal antecedents, to which the learned counsel for the petitioners submitted that those are all cases registered in connection with student politics.
6. Having regard to the facts and circumstances of the case
and considering the nature of the allegations, I am of the opinion that custodial interrogation of the petitioners may not be required for the purpose of investigation and only a limited custody be granted for the same. Therefore, I am inclined to grant bail to the petitioners subject to stringent conditions. In the result, these applications are allowed. It is directed that the petitioners shall surrender before the investigating officer on 09.01.2023, at 11 a.m, and subject themselves for interrogation on that day and on any other day/days as directed by the investigating officer. The petitioners shall co-operate with the investigation. In the event of arrest of the petitioners in Crime No.1078/2022 of Kayamkulam Police Station, Alappuzha District, they shall be produced before the jurisdictional Court on the very same day and shall be released on bail, subject to the following conditions:-
(i) Petitioners shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court ;
(ii) The petitioners shall appear before the investigating officer in Crime No.1078/2022 of Kayamkulam Police Station, Alappuzha District, on every Saturday, at 11 am, until the filing of the final report;
(iii) Petitioners shall appear before the investigating officer in Crime No.1078/2022 of Kayamkulam Police Station, Alappuzha District, as and when summoned to do so;
(iv) The petitioners shall not attempt to (contact the
victim or the defacto complainant) or interfere with the investigation or to influence or intimidate any witness in Crime No.1078/2022 of Kayamkulam Police Station, Alappuzha District;
(v) The petitioners shall not involve in any other crime
while on bail. If any of the aforesaid conditions are violated, the investigating officer in Crime No.1078/2022 of Kayamkulam Police Station, Alappuzha District, may file an application before the jurisdictional Court, for cancellation of bail. It is made clear that it is within the power of the police to investigate the matter and if necessary to effect recoveries on the information if any given by any of the petitioners, even when the petitioners are on bail as per the judgment of the Apex Court in Sushila Aggarwal and others v. State(NCT of Delhi) and another(2020(1)KHC 663). Sd/- VIJU ABRAHAM JUDGE sbk/-