Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. FRIDAY, THE 11TH DAY OF FEBRUARY 2022 / 22ND MAGHA, 1943 CRIME NO.5 OF 2022 OF SASTHAMCOTTA POLICE STATION, KOLLAM DISTRICT PETITIONER/2ND ACCUSED: SUJITH BABU, AGED 28 YEARS, SON OF SURENDRAN, SURESH BHAVANAM, PALLISSERIKKAL P O, SASTHAMCOTTA VILLAGE, KOLLAM, PIN - 690 521. BY ADV P.V.DILEEP RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031. 2 THE STATION HOUSE OFFICER OFFICE OF THE SASTHAMCOTTA POLICE STATION, SASTHAMCOTTA, PIN - 690 521. BY SMT.SEETHA.S (SR. PUBLIC PROSECUTOR) THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ORDER
This is an application for anticipatory bail.
2. The petitioner is the 2nd accused in Crime No.5 of 2022 of Sasthamcotta Police Station, Kollam District, alleging commission of offences under Sections 341, 323, 324, 294(b) and 307 read with
Section 34 of the Indian Penal Code. The allegation against the petitioner is that he along with the 1st accused attacked the de-facto complainant on 01.01.2022 at about 07.30PM.
3. The learned counsel for the petitioner submits that, the
petitioner is totally innocent to the matter and that the petitioner has been wrongly roped in as an accused in the case. It is submitted that the alleged injuries to the de facto complainant are not serious. It is submitted that the alleged incident, even according to the statement given by the de-facto complainant, took place on the spur of the movement and between persons who were in an inebriated condition after consuming toddy. It is submitted that the major allegations are against the 1 st accused, who has already been released on bail by this Court through order in Bail Application No.196 of 2022.
4. The learned Public Prosecutor vehemently opposes the
grant of bail. He submits that the petitioner has criminal antecedents. It is submitted with reference to the statement of the de-facto complainant and also the wound certificate issued in respect of the de-facto complainant that the wounds to the de-facto complainant are serious. It is submitted that investigation is progressing and grant of bail at this stage may affect the progress of investigation as there is every chance that the petitioner may influence the material witnesses and threaten and intimidate the de-facto complainant.
5. Having regard to the facts and circumstances of the case
and considering the nature of the allegations against the petitioner, I am of the view that the petitioner can be granted anticipatory bail subject to conditions, as his custody may not be required for the purpose of investigation.
6. In the result, this application is allowed and it is directed
that the petitioner shall be released on bail, in the event of his arrest in connection with Crime No.5 of 2022 of Sasthamcotta Police Station, Kollam District, subject to the following conditions:
(i) The petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum to the satisfaction of the Jurisdictional Court;
(ii) The petitioner shall co-operate with the investigation
and shall report before the investigating officer in Crime No.5 of 2022 of Sasthamcotta Police Station, Kollam District, every Saturday at 11.00AM till 05.03.2022;
(iii) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate the de-facto complainant or any witness in Crime No.5 of 2022 of Sasthamcotta Police Station, Kollam District;
(iv) The petitioner shall not involve in any other crime while on bail.
If any of the aforesaid conditions are violated, the investigating officer in Crime No.5 of 2022 of Sasthamcotta Police Station, Kollam District, may file an application before the Jurisdictional Court, for cancellation of bail. Sd/- GOPINATH P. JUDGE DK