Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. FRIDAY, THE 22ND DAY OF DECEMBER 2023 / 1ST POUSHA, 1945 BAIL APPL. NO. 11033 OF 2023 CRIME NO.1559/2023 OF VILAPPILSSALA POLICE STATION, THIRUVANANTHAPURAM PETITIONERS/1ST AND 4TH ACCUSED: 1 ALAN WILLIAMS S/O WILLIAM ,ZION VILLA,VELLANAD P.O,THIRUVANANTHAPURAM DISTRICT., PIN - 695543 2 SUBIN SANTHOSH S/O SANTHOSH KUMAR,MEKKUMKARA PUTHEN VEEDU,MOOMGUMUDU P.O,THIRUVANANTHAPURAM DISTRICT -695573, PIN - 695573 BY ADV S.NIKHIL SANKAR RESPONDENT/COMPLAINANT/STATE: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,E ERNAKULAM, PIN - 682031 OTHER PRESENT: SRI. M.C. ASHI, PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ..2.. MOHAMMED NIAS C.P.J --------------------- B.A.No.11033 of 2023 --------------------------- Dated this the 22nd day of December, 2023
ORDER
This application is filed under Section 438 of the Code of Criminal Procedure, seeking regular bail.
2. The petitioners are the accused in Crime No.1559/2023 of Vilappilssala Police Station,
Thiruvananthapuram District, for having allegedly committed offences punishable under Sections 294(b), 341, 323, 324, 308 r/w Section 34 of the Indian Penal Code.
3. The prosecution case is that, on 14.10.2023 at
about 07.00 pm, the accused wrongfully confined the de- facto complainant and assaulted the de-facto complainant and used filthy language, and thereby, they committed the offences.
4. The learned counsel appearing for the petitioners would say that the petitioners are innocent and falsely implicated with ulterior motives. At any rate, he points out ..3.. that the continued custody of the petitioner is unnecessary.
5. The learned public prosecutor opposed the petition and pointed out that the petitioners are not entitled to bail.
6. After having considered the submissions of the
learned counsel for the petitioners and learned Public Prosecutor and considering the fact that the incident occurred on 14.10.2023, the 1st accused was also injured, which is seen from Annexure A4 wound certificate and the wound certificate of the de-facto complainant shows that there are no serious injuries, I am inclined to grant anticipatory bail to the petitioners as I do not find the custodial interrogation of the petitioners are not necessary in this bail application.
Accordingly, this application is allowed, and the petitioners are granted anticipatory bail subject to the following conditions:-
(i) The petitioners shall be released on bail on
executing a bond for Rs.50,000/- (Rupees fifty thousand only) each with two solvent ..4.. sureties each for the like sum to the satisfaction of the jurisdictional court;
(ii) The petitioners shall report before the Investigating Officer as and when directed.
(iii) The petitioners shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses.
(iv) The petitioners shall not be involved in any
other crime while on bail or leave India without the prior permission of the Court concerned. If any of the conditions are violated, the court concerned will be empowered to take steps for cancellation of bail as per law. Sd/- MOHAMMED NIAS C.P. JUDGE bng