Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. TUESDAY, THE 8TH DAY OF FEBRUARY 2022 / 19TH MAGHA, 1943 BAIL APPL. NO. 454 OF 2022 AGAINST THE ORDER/JUDGMENT IN CRMC 2114/2021 OF SESSIONS COURT,THRISSUR CRIME NO.791/2021 OF VELLIKULANGARA POLICE STATION PETITIONER/ACCUSED NOS.1 TO 3 AND 6:
1 RAJU AGED 47 YEARS S/O SUBRAMANYAN, ERUMAKKADAN HOUSE, MUPPLIAM DESOM, CHALAKKUDY, THRISSUR DISTRICT, PIN-680 312. 2 BABU, AGED 25 YEARS S/O MAANI, KUNNUML HOUSE, UPPUZHI DESOM, CHALAKKUDY, THRISSUR DISTRICT, PIN680 312. 3 SOJAN AGED 48 YEARS S/O POULOSE, ETTUMANUKKARAN HOUSE, MUPPLIAM VILLAGE, CHALAKKUDY, THRISSUR DISTRICT, PIN-680 312. 4 SAKARANKUTTY @ SREEJITH AGED 38 YEARS S/O VIPIN, APPATT HOUSE, MUPPLIAM VILLAGE, CHALAKKUDY, THRISSUR DISTRICT, PIN-680 312. BY ADV ANWIN JOHN ANTONY
RESPONDENT/COMPLAINANT: STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-PIN-682 031, (REPRESENTING THE STATION HOUSE OFFICER, VELLIKULANGARA POLICE STATION, THRISSUR DISTRICT) ADV T.R. RENJITH -SR.PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BAIL APPL. NO. 454 OF 2022 2
ORDER
This is an application for anticipatory bail.
2. Petitioners are the accused Nos.1 to 3 and 6 in Crime
No.791/2021 of Vellikulangara police station, alleging commission of offences under Sections 143, 147, 452, 341, 323, 324, 326 and 294(b) r/w. 149 of the Indian Penal Code.
3. Allegation against the petitioners is that they along with
the other accused in the case, attacked the de facto complainant, owing to previous enmity of the de facto complainant with the 2nd accused in the case. It is submitted that serious injuries including fracture was caused to the de facto complainant.
4. Learned counsel appearing for the petitioners would
submit that there are some property disputes between the 2nd petitioner/2nd accused and the de facto complainant. It is submitted that the de facto complainant is a historysheeter with more than 12 cases registered against him. It is submitted that while discussions were going on regarding settlement of disputes between the 2nd petitioner and the de facto complainant, a quarrel broke out between them and the petitioners and other accused were attacked by the de facto complainant using a sword.
BAIL APPL. NO. 454 OF 2022 3
Allegation against the petitioners is that they attacked the de facto complainant, using a wooden stick. It is submitted that going by the law laid down by this Court in Praveendas V. State of Kerala [2019(4) KLT 815], the offence under Section 326 IPC which is the only non-bailable offence will be attracted only if the weapon used was of a nature that it could be used to cause death. It is submitted that at any rate, custodial interrogation of the petitioners is not necessary for the proper investigation into Crime No.791/2021 of Vellikulangara police station.
5. Learned Public prosecutor vehemently opposes the
grant of bail. It is submitted that several serious injuries were caused by the de facto complaint including fracture. It is submitted that the argument that Section 326 of the IPC is not attracted, taking into account the nature of the weapon used by the petitioners, is absolutely untenable. It is submitted that the petitioners along with the other accused had attempted to do away with the de facto complainant owing to disputes between him and the 2nd petitioner/2nd accused. It is submitted that the petitioners are not entitled to anticipatory bail.
6. Having regard to the facts and circumstances of the case and considering the nature of the allegations against the BAIL APPL. NO. 454 OF 2022 4
petitioner and taking note of the fact that custodial interrogation of the petitioner is not necessary for the investigation into matter, I am of the opinion that anticipatory bail can be granted to the petitioners subject to strict conditions. In the result, this application is allowed. It is directed that the petitioner shall be released on bail, in the event of arrest in crime No.791/2021 of Vellikulangara police Station subject to the following conditions:-
(i) Petitioners shall execute separate bonds for sums 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) Petitioners shall appear before the investigating officer in Crime No.791/2021 of Vellikulangara Police station at 09.00 am on 15.02.2022 and 16.02.2022 and thereafter, as and when summoned to do so;
(iii) The petitioners shall not attempt to contact the de facto complainant or interfere with the investigation or to influence or intimidate any witness in Crime No.791/2021 of Vellikulangara police station; BAIL APPL. NO. 454 OF 2022 5
(iv) The petitioners shall not involve in any other crime while
on bail. If any of the aforesaid conditions are violated, the investigating officer in Crime No.791/2021 of Vellikulangara police station may file an application before the jurisdictional Court, for cancellation of bail. sd/- GOPINATH P. JUDGE ajt