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. 10497 OF 2022 PETITIONERS/ACCUSED NOS. 1 AND 2: 1 SAJAN AGED 39 YEARS S/O. SHASHIDHARAN, SAJAN NIVAS, KARIMULAKKAL, OMALLUR P.O, ALAPPUZHA - 690505, PIN - 690505 2 ARUN KUMAR O AGED 24 YEARS S/O. OMANAKKUTTAN, MALLASSERIL, PEROOR KARANMA , THAMARAKKULAM, ALAPPUZHA - 690505, PIN - 690505 BY ADV RASHEED C.NOORANAD RESPONDENT/STATE AND COMPLAINANT: 1 STATE OF KERALA REP BY. PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031 PIN - 682031 2 STATION HOUSE OFFICER KARUNAGAPPALLY POLICE STATION, KOLLAM DISTRICT- 690518, PIN - 690518 BY SMT. SEETHA S. (PP) THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Bail Appln. No. 10497 of 2022 2
VIJU ABRAHAM , J.
=========================== Bail Appln. No. 10497 of 2022 ============================ Dated this the 3rd day of January, 2023
ORDER
This is an application for anticipatory bail.
2. The petitioners are accused Nos. 1 and 4 in Crime
No. 1731/2022 of Karunagappally Police Station, Kollam District alleging commission of offences punishable under Sections 341, 294(b), 323, 324, 326 and 506 read with Section 34 of the Indian Penal Code.
3. The prosecution case is that, on 20.12.2022 at about 10.15 pm, the accused persons who are the staffs of the
Comfort Bar at Karunagappally, attacked the defacto complainant and his friend with weapons like iron rod and pipes and thereby the defacto complainant sustained injuries and his friend sustained a fracture of his left hand. Prosecution allegation is that on that alleged day, the 2nd accused questioned the defacto complainant’s friend, smoking cigarette in the bar hall and he destroyed the cigarette. The said act of the 2nd accused was questioned by the defacto complainant and his friend and due to that enmity the accused persons wrongfully restrained and attacked the Bail Appln. No. 10497 of 2022 3 defacto complainant and his friend and thereby the accused have committed the alleged offences.
4. The petitioners submitted that they have been falsely
implicated in the above said crime. The defacto complainant and seven other friends came to the bar and they consumed liquor and started smoking cigarette in the bar which is a non- smoking area. Some of the customers felt suffocation and uneasiness due to the same. This was questioned by them and consequently some altercation and scuffle took place. The petitioners and other staff intervened and attempted to settle the issue and separate them. Due to the push and pull some persons fell down and sustained some injuries. The allegations that petitioners attacked the defacto complainant with an iron rod and pipe are absolutely false.
5. The learned Public Prosecutor upon instructions
submitted that it is true that there was some dispute regarding the smoking of cigarette inside the bar and there occurred some altercation and the defacto complainant and his friends were attacked with iron rods. One of the friend of defacto complainant sustained fracture on his left hand and two others were also injured. The learned Public Prosecutor
Bail Appln. No. 10497 of 2022 4 further submitted that petitioners have no other criminal antecedents.
6. Considering the facts and circumstances of the case
and nature of allegation, I am of the opinion that custodial interrogation may not be required for the purpose of investigation, but only a limited custody be granted for the same. Therefore, I am inclined to grant anticipatory bail to the petitioners. In the result, this application is allowed. The Petitioners shall surrender before the Investigating Officer in Crime No. 11 AM and shall make themselves available for interrogation on that day or 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. 1731/2022 of Karunagappally Police Station, the petitioners shall be produced before the jurisdictional Court on the very same day and shall be released on bail subject to the following stringent conditions.
(i) The 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; Bail Appln. No. 10497 of 2022 5
(ii) The petitioners shall appear before the investigating officer in Crime No. 1731/2022 of Karunagappally Police Station, on every Saturday at 11.00 a.m. until filing of the final report;
(iii) Petitioners shall report to the Investigating Officer as and when required for the investigation;
(iv) The petitioners shall not attempt to influence the defacto complainant or interfere with the investigation or to influence or intimidate any witness in Crime No. 1731/2022 of Karunagappally Police Station;
(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. 1731/2022 of Karunagappally Police Station 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 Bail Appln. No. 10497 of 2022 6 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/-