Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM THURSDAY, THE 27TH DAY OF OCTOBER 2022 / 5TH KARTHIKA, 1944 BAIL APPL. NO. 3 OF 2022 CRIME NO.3244/2021 OF Nedumangad Police Station, Thiruvananthapuram PETITIONER/ACCUSED:
1 JITHU JAYAN,AGED 22 YEARS NEETHU BHAVAN, GVRA 30, KAVADITHALAKAL, KARAKULAM.P.O, THIRUVANANTHAPURAM THIRUVANANTHAPURAM, PIN - 695564 2 RETHIN.S.,AGED 21 YEARS, ATHIRA BHAVAN, ENIKKARA, KARAKULAM.P.O, THIRUVANANTHAPURAM, PIN - 695564 3 VIVEK,AGED 25 YEARS, PLAVILA VEEDU, PURAPURKONAM, KARAKULAM.P.O., ARAMKALLU, THIRUVANANTHAPURAM, PIN - 695564 4 NITHEESH.R.,AGED 20 YEARS AMBIKA BHAVAN, TC 7/323, VKP NAGAR, KANJIRAMPARA.P.O., THIRUVANANTHAPURAM, PIN - 695030 BY ADVS. A.RAJASIMHAN VYKHARI.K.U K.KAVYA MOHAN
RESPONDENT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM, PIN - 682031 BY PUBLIC PROSECUTOR SRI.M.C.ASHI THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BA No.3 of 2022 2
VIJU ABRAHAM, J.
................................................................. B.A.No.3 of 2022 ................................................................. Dated this the 27th day of October, 2022
ORDER
Application for anticipatory bail.
2. Petitioners are accused 1 to 4 in Crime No.3244 of 2021 of
the Nedumangad Police Station, Thiruvananthapuram registered alleging offences punishable under Section 27 of the Arms Act, Sections 143, 147, 148, 149, 294(b), 323, 308,506 and 427 of the Indian Penal Code and under Section 5 of the Kerala Prevention of Damage to Private Property and Payment of Compensation Act, 2019.
3. The gist of allegation is that on 24.12.2021 at 1.00 a.m. in the
early morning when the informant went to a turf for playing cricket the accused persons abused and assaulted him and also caused damage to his bike and thus the accused have committed the abovesaid offences.
4. Petitioners submit that the entire allegations are absolutely
false. It is the petitioners who were attacked by the defacto complainant and others and the 1st petitioner has sustained injury in the alleged incident and to substantiate the same, petitioners have produced the discharge summary dated 09.01.2022 issued from the Medical College BA No.3 of 2022 3 Hospital, Thiruvananthapuram as Annexure-A2. Petitioners further submit that they have no other criminal antecedents.
5. Learned Public Prosecutor upon instruction submitted that the
defacto complainant was attacked by the petitioners due to previous enmity and caused damages to his motor cycle, which is now assessed by the Motor Vehicle Inspector as Rs.52,450/-. Learned Public Prosecutor further submits that the petitioners have no other criminal antecedents.
6. It is seen that while considering the bail application on 25.01.2022 this Court has granted a “not to arrest order”, which is still in force. Considering the facts and circumstances of the case and also
taking into consideration the fact that no serious injury is caused to the defacto complainant in the alleged incident and that the petitioners have no other criminal antecedents, I am inclined to grant anticipatory bail to the petitioners. In the result, the application is allowed. The petitioners shall surrender before the Investigating Officer in Crime No.3244 of 2021 of the Nedumangad Police Station, Thiruvananthapuram on 03.11.2022 at 11.00 a.m. and shall make themselves available for interrogation on that day or on any other day/days and time as directed by the investigating officer. The petitioners shall co-operate with the investigation. In the event of the arrest of the petitioners in Crime No.3244 of 2021 of the Nedumangad Police Station, Thiruvananthapuram, the petitioners shall be produced
BA No.3 of 2022 4 before the jurisdictional Court on the very same day and shall be released on bail subject to the following 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.
(ii) They shall appear before the investigating officer in Crime No.3244 of 2021 of the Nedumangad Police Station, Thiruvananthapuram, on every Saturday at 11.00 a.m. until the filing of the final report.
(iii) They shall deposit an amount of Rs.26,000/- (Rupees twentysix thousand only) before the jurisdictional court within a period of one month from the date of release.
(iv) They shall report to the investigating officer as when required for the investigation.
(v) They shall not attempt to influence the defacto complainant or interfere with the investigation or to influence or intimidate any witness in Crime No.3244 of 2021 of the Nedumangad Police Station, Thiruvananthapuram.
(vi) They shall not involve in any other crime while on bail. If any of the aforesaid conditions are violated, the investigating officer in Crime No.3244 of 2021 of the Nedumangad Police Station, Thiruvananthapuram may file an application before the jurisdictional Court, for cancellation of bail. BA No.3 of 2022 5 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 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 cks