Sivalal vs State of Kerala

Type Court Judgment Court Kerala Decided Feb 24, 2022

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Citation: sooperkanoon.com/1441587
Court: Kerala High Court
Judge: Honourable Mr. Justice Gopinath P.
Decided On: Feb 24, 2022
Case Number: Bail Appl./225/2022

Parties & Advocates

Appellant / Petitioner

Sivalal

Respondent

State of Kerala

Excerpt

.....alleging commission of offences under sections 141, 143, 144, 147, 149, 294(b), 452, 324, 427 and 308 of the ipc.2. the allegation against the petitioner is that, he along withthe other accused in the case trespassed into the house of the defacto complainant owing to previous animosity with the defacto complainant and attacked the defacto complainant and also destroyed the house-hold articles worth rs.3,00,000/- belonging to the defacto complainant.3. learned counsel for the petitioner submits that the petitioner is absolutely innocent in the matter. it is submitted thatthe petitioner has been falsely implicated in the matter. it is submitted that, in the fis of the defacto complainant, the name of the petitioner is not mentioned. it is submitted that the petitioner has been subsequently arrayed as an accused owing to animosity of the defacto complainant and also the police personnel attached tothe neyyar dam police station. it is also submitted that the petitioner has no criminal antecedents.4. learned public prosecutor opposes the grant of bail. it issubmitted that the allegations against the petitioner are serious. it is submitted that the specific allegation against the petitioner is that he along with the other accused destroyed the house-hold articles belonging to the defacto complainant. it is also submitted that all the other accused in the case were arrested and the petitioner is not entitled to be released on anticipatory bail.5. having regard to the facts and circumstances of the caseand also taking into account the fact that his mother is stated to be a cancer patient and his father is also stated to be seriously ill (see annexure-2 and annexure-3) and there is no one else to take care of them, i am of the view that the petitioner can be granted anticipatory bail subject to conditions. i am also of the view that the interest of the prosecution can be served by directing the petitioner to appear before the investigating officer on specified.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. THURSDAY, THE 24TH DAY OF FEBRUARY 2022 / 5TH PHALGUNA, 1943 PETITIONER/S: SIVALAL AGED 26 YEARS MEKKUMKARAPUTHANVEEDU, KUZHIVILA, NEYYARDAM P.O, THIRUVANANTHAPURAM THIRUVANANTHAPURAM, PIN - 695572 BY ADVS. RINU. S. ASWAN S.SUDHEESH S. RAJEEV RESPONDENT/S: STATE OF KERALA REPRESENTED BY CIRCLE INSPECTOR OF POLICE, NEYYAR DAM POLICE STATON THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM ERNAKULAM, PIN - 682031 BY ADV PUBLIC PROSECUTOR OTHER PRESENT: SRI. T.R. RENJITH (SR.PP) THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ORDER

Petitioner is the 8th accused in Crime No.1466/2021 of the Neyyar Dam Police Station, Thiruvananthapuram district alleging commission of offences under Sections 141, 143, 144, 147, 149, 294(b), 452, 324, 427 and 308 of the IPC.

2. The allegation against the petitioner is that, he along with

the other accused in the case trespassed into the house of the defacto complainant owing to previous animosity with the defacto complainant and attacked the defacto complainant and also destroyed the house-hold articles worth Rs.3,00,000/- belonging to the defacto complainant.

3. Learned counsel for the petitioner submits that the petitioner is absolutely innocent in the matter. It is submitted that

the petitioner has been falsely implicated in the matter. It is submitted that, in the FIS of the defacto complainant, the name of the petitioner is not mentioned. It is submitted that the petitioner has been subsequently arrayed as an accused owing to animosity of the defacto complainant and also the Police personnel attached to

the Neyyar dam Police Station. It is also submitted that the petitioner has no criminal antecedents.

4. Learned Public Prosecutor opposes the grant of bail. It is

submitted that the allegations against the petitioner are serious. It is submitted that the specific allegation against the petitioner is that he along with the other accused destroyed the house-hold articles belonging to the defacto complainant. It is also submitted that all the other accused in the case were arrested and the petitioner is not entitled to be released on anticipatory bail.

5. Having regard to the facts and circumstances of the case

and also taking into account the fact that his mother is stated to be a cancer patient and his father is also stated to be seriously ill (See Annexure-2 and Annexure-3) and there is no one else to take care of them, I am of the view that the petitioner can be granted anticipatory bail subject to conditions. I am also of the view that the interest of the prosecution can be served by directing the petitioner to appear before the investigating officer on specified dates.

6. In the result, this bail application is allowed. It is directed

that the petitioner shall be released on anticipatory bail, in the event of his arrest in connection with Crime No.1466/2021 of the Neyyar Dam Police Station subject to the following conditions:-

(i) Petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court;

(ii) Petitioner shall appear before the investigating officer in Crime No.1466/2021 of the Neyyar Dam Police Station at 10:00 AM on 03.03.2022 and 04.03.2022 and thereafter whenever called upon to do so.

(iii) Petitioner shall not attempt to interfere with the investigation, influence or intimidate any witness in Crime No.1466/2021 of the Neyyar Dam Police Station;

(iv) 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.1466/2021 of the Neyyar Dam Police Station may file an application before the jurisdictional Court for cancellation of bail.

Sd/- GOPINATH P. JUDGE AJ APPENDIX OF BAIL APPL. 225/2022 PETITIONER ANNEXURES Annexure1 THE TRUE COPY OF THE FIR IN CR. NO. 1466 OF 2021 OF NEYYAR DAM POLICE STATION DATED 15.07.2021 Annexure2 A TRUE COPY OF THE MEDICAL CERTIFICATE OF THE PETITIONER’S MOTHER BY THE MCH, TRIVANDRUM DATED 20.12.2021 Annexure3 A TRUE COPY OF THE DISCHARGE SUMMARY OF THE PETITIONER’S FATHER ISSUED BY THE C.S.I MEDICAL COLLEGE & HOSPITAL DATED NIL Annexure4 A TRUE COPY OF CT SCAN REPORT OF THE PETITIONER’S FATHER DATED 27.05.2021

Same Court & Year Kerala · 2022 Same Parties Sivalal vs State of Kerala Same Judge Honourable Mr. Justice Gopinath P.