Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM FRIDAY, THE 19TH DAY OF AUGUST 2022 / 28TH SRAVANA, 1944 BAIL APPL. NO. 390 OF 2022 CRIME NO.537/2021 OF Kodakara Police Station, Thrissur AGAINST THE ORDER/JUDGMENTCRMC 1794/2021 OF DISTRICT COURT & SESSIONS COURT,THRISSUR PETITIONERS/ACCUSED NOS.1& 4: 1 ANURAJ,AGED 23 YEARS S/O.RAJAN, NJATTUVETTY HOUSE, ANANDHAPURAM DESOM, ANANDHAPURAM VILLAGE, MUKUNDAPURAM TALUK, THRISSUR. 2 ABHIJITH,AGED 21 YEARS S/O.RAJAN, KIZHUTHANI HOUSE, NANDHIKKARA DESOM, PARAPPUKARA VILLAGE, MUKUNDAPURAM TALUK, THRISSUR. BY ADV VISHNUPRASAD NAIR RESPONDENT/STATE: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PP SMT.NIMA JACOB THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BA No.390 of 2022 2
VIJU ABRAHAM, J.
B.A.No. 390 of 2022 Dated this the 19th day of August, 2022
ORDER
This is an application for anticipatory bail.
2. Petitioners are arrayed as accused Nos.1 & 4 in Crime
No.537 of 2021 of Kodakara Police Station, Thrissur District registered alleging commission of offences punishable under Sections 143, 147, 148, 427, 447, 294(b), 323, 324 and 308 read with Section 149 of the Indian Penal Code.
3. The prosecution case is that at about 7:30 p.m. on
defacto complainant, A1 to 5 formed into an unlawful assembly and in prosecution of their common object, they armed with weapons, criminally trespassed into the courtyard of the defacto complainant situated at Alathoor, A1 uttered abusive words towards the son of defacto complainant and punched on his left eye, A2 hit him with the hanging lamp aiming at his head. When he tried to run away from the attack, A3 threw granite stone at him. When the defacto complainant intervened in the attack, A4 and A5 abused her in filthy language. The accused cause a loss to the tune of Rs. 20,000/- to the defacto complainant, by damaging the motorcycle which was being used by her husband and son. It is further
BA No.390 of 2022 3 alleged that, the hit of A2 with the hanging lamp aiming the head of the son of the defacto complainant had not warded off him, it would have been fatal to his life and thus committed the aforesaid offences.
4. The specific case of the petitioners is that in fact they have
been attacked and a crime was registered as Annexure-A3. Further case of the petitioners is that the allegation against the 1 st accused is that he fisted on the face of the son of the defacto complainant and the allegation against the 4th accused is that he used abusive words against the defacto complainant.
5. Learned Public Prosecutor also upon instructions submitted that the investigation is practically over and 1st accused is involved in other cases, but the 4th accused has no other criminal antecedents.
6. Considering the facts and circumstances of the case and the nature of the allegations, I feel that the petitioners can be granted pre- arrest bail but on stringent conditions. Therefore, the bail application is disposed of with the following
directions. The petitioners shall surrender before the investigating officer on 29.08.2022 and make themselves available for interrogation on that day or on any other day or days as directed by the investigating officer. In the event of arrest of the petitioners in connection withCrime No.537 of 2021 of Kodakara Police Station, Thrissur District, they shall be produced before the jurisdictional Magistrate on the very same day and shall be released on bail on the following conditions:
BA No.390 of 2022 4
(i) The petitioners shall execute a bond for 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 on all Saturdays at 11.00 a.m. till the filing of final report.
(iii) They shall not tamper with any evidence;
(iv) They shall not directly or indirectly make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade them from disclosing such facts to the court or to any police officer;
(v) They shall not involve in any other crime while on bail. If any of the aforesaid conditions are violated, the Investigating Officer in the abovesaid crime may file an application before jurisdictional court for cancellation of bail. 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