Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. MONDAY, THE 28TH DAY OF MARCH 2022 / 7TH CHAITHRA, 1944 BAIL APPL. NO. 114 OF 2022 CRIME NO.1253/2021 OF KOYILANDY POLICE STATION, KOZHIKODE DISTRICT PETITIONER/4TH ACCUSED: ABHISHEK AGED 22 YEARS, S/O.SURESH, VELLILAT MEETHAL, PANTHALAYANI, KOYILANDI, KOZHIKODE DISTRICT - 673 305. BY ADVS. K.S.ARUN KUMAR RAJEE P MATHEWS VIJAY SANKAR V.H. AMRUTHA K P
RESPONDENT/STATE: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031. OTHER PRESENT: SRI. T.R. RANJITH (SR.PP) THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: B.A.No.114/2022 2
ORDER
This is an application for anticipatory bail.
2. The petitioner is the 4th accused in Crime No.1253 of
2021 of Koyilandy Police Station, Kozhikode District, alleging commission of offences under Sections 143, 147, 148, 341, 323, 324 & 308 read with Section 149 of the Indian Penal Code.
3. The allegation against the petitioner is that on
10.10.2021 at about 4.30 P.M, accused Nos.1 to 4 and five other identifiable persons formed themselves into an unlawful assembly and thereafter, wrongfully restrained the de-facto complainant and inflicted injuries on him by beating him with their hands and with an iron rod. It is alleged that the 1 st accused had attempted to injure the de-facto complainant with an iron rod and had the de-facto complainant not been able to evade the same, the attack would have resulted in the death of the de-facto complainant.
4. The learned counsel appearing for the petitioner
would submit that the allegations are totally false. It is submitted that the allegations are raised only on the account of political rivalry. It is submitted that the crux of the allegation is against the 1st accused. It is submitted that the no criminal antecedents are reported against the petitioner. It is submitted that the custodial interrogation of the petitioner is not necessary in the
B.A.No.114/2022 3
facts and circumstances of the case
4. The learned Public Prosecutor opposes the grant of
bail. It is submitted that the petitioner is not entitled to be granted bail as the de-facto complainant suffered serious injuries owing to the attack by the petitioner and others.
5. Having regard to the facts and circumstances of the
case and considering the nature of the allegations raised and also considering the fact that no criminal antecedents are reported against the petitioner, I am of the view that the petitioner can be granted bail subject to conditions, as his custodial interrogation does not appear to be necessary in the matter.
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.1253 of 2021 of Koyilandy Police Station, Kozhikode 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 appear before the investigating officer in Crime No.1253 of 2021 of Koyilandy Police Station, B.A.No.114/2022 4 Kozhikode District as and when summoned to do so;
(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.1253 of 2021 of Koyilandy Police Station, Kozhikode 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.1253 of 2021 of Koyilandy Police Station, Kozhikode District, may file an application before the Jurisdictional Court, for cancellation of bail. Sd/- GOPINATH P. JUDGE ats