Santhosh Kumar vs State of Kerala

Type Court Judgment Court Kerala Decided Mar 16, 2022

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https://sooperkanoon.com/case/1444613

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Citation: sooperkanoon.com/1444613
Court: Kerala High Court
Judge: Honourable Mr. Justice Gopinath P.
Decided On: Mar 16, 2022
Case Number: Bail Appl./575/2022

Parties & Advocates

Appellant / Petitioner

Santhosh Kumar

Respondent

State of Kerala

Excerpt

.....commission of offences under sections 294 (b), 326 read with 34 of the indian penal code.2. the allegation against the petitioner is that on 25-11-2021 at 5.30p.m the petitioner along with the other accused used abusive language and attacked the de facto complainant with a stick, injuring him. it is alleged that the 2nd accused in the case used offensive language against the wife of the de facto complainant.3. the learned counsel for the petitioner submits that the petitionerand the de facto complainant are neighbours. it is submitted that the petitioner and his father who is a 2 nd accused in the case had objected to burning of plastic waste in the compound of the de facto complainant. a wordy altercation took place. it is submitted that the petitioner submitted annexure-b complaint before the kottiyam police station as evidenced by annexure-c acknowledgment. it is submitted that thereafter both the parties were called to the police station and the matter was mediated and settled as seen from annexure-d. it is submitted that more than a month later the de facto complainant filed the complaint which led to registration of the above crime making false and baseless allegations against the petitioner and the other accused.b.a. no.575/2022 -3-4. the learned public prosecutor points of the circumstances of thecase appearing from the records. it is submitted that going by the first information statement of the de facto complainant, the offences alleged against the petitioner have been committed. it is submitted that following investigation a final report has already been filed in the matter.5. having regard to the facts and circumstances of the case andconsidering the nature of the allegations and being convinced that the custodial interrogation of the petitioner is not necessary as a final report has already been filed, i am of the view that the petitioner can be granted anticipatory bail subject to conditions. i also note that no criminal antecedents are reported.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. WEDNESDAY, THE 16TH DAY OF MARCH 2022 / 25TH PHALGUNA, 1943 BAIL APPL. NO. 575 OF 2022 Crime No.755/2021 of Kottiyam Police Station PETITIONER/1st ACCUSED: SANTHOSH KUMAR AGED 39 YEARS S/O GOPALAKRISHNA PILLAI, "MAZHAVILLU", MUKHATHALA, THRIKKOVIL VATTOM, KOLLAM CITY, KOLLAM PRESENTLY RESIDING AT UNITED ARAB EMIRATES, PIN - 691577 BY ADV NIHARIKA HEMA RAJ RESPONDENTS/STATE & DE FACTO COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 CHANDRASEKHARA PILLAI AGED 63 YEARS PALLIKKUDAM VILA VEEDU, NEAR MUKHATHALA GOVERNMENT L.P. SCHOOL, MUKHATHALA P.O., KURAMANNACHERY, THRIKKOVIL VATTAM, KOLLAM CITY, KOLLAM, PIN - 691577 OTHER PRESENT: SRI. NOUSHAD K.A. (SR.PP) THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: B.A. No.575/2022 -2-

ORDER

The petitioner is the 1st accused in Crime No.755/2021 of Kottiyam Police Station, Kollam District alleging commission of offences under Sections 294 (b), 326 read with 34 of the Indian Penal Code.

2. The allegation against the petitioner is that on 25-11-2021 at 5.30

p.m the petitioner along with the other accused used abusive language and attacked the de facto complainant with a stick, injuring him. It is alleged that the 2nd accused in the case used offensive language against the wife of the de facto complainant.

3. The learned counsel for the petitioner submits that the petitioner

and the de facto complainant are neighbours. It is submitted that the petitioner and his father who is a 2 nd accused in the case had objected to burning of plastic waste in the compound of the de facto complainant. A wordy altercation took place. It is submitted that the petitioner submitted Annexure-B complaint before the Kottiyam Police Station as evidenced by Annexure-C acknowledgment. It is submitted that thereafter both the parties were called to the police station and the matter was mediated and settled as seen from Annexure-D. It is submitted that more than a month later the de facto complainant filed the complaint which led to registration of the above crime making false and baseless allegations against the petitioner and the other accused.

B.A. No.575/2022 -3-

4. The learned Public Prosecutor points of the circumstances of the

case appearing from the records. It is submitted that going by the First Information Statement of the de facto complainant, the offences alleged against the petitioner have been committed. It is submitted that following investigation a final report has already been filed in the matter.

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

considering the nature of the allegations and being convinced that the custodial interrogation of the petitioner is not necessary as a final report has already been filed, I am of the view that the petitioner can be granted anticipatory bail subject to conditions. I also note that no criminal antecedents are reported against the petitioner.

In the result, this bail application is allowed. It is directed that the petitioner shall be released on bail, in the event of arrest in connection with Crime No.755/2021 of Kottiyam 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 report before the Investigating officer in Crime No.755/2021 of Kottiyam Police Station as and when called upon to do so;

(iii) Petitioner shall not attempt to contact the de facto complainant or interfere with the investigation or to influence or intimidate any witness in B.A. No.575/2022 -4- Crime No.755/2021 of Kottiyam 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.755/2021 of Kottiyam Police Station may file an application before the jurisdictional Court for cancellation of bail.

Sd/- GOPINATH P. JUDGE AMG B.A. No.575/2022 -5- APPENDIX OF BAIL APPL. 575/2022 PETITIONER ANNEXURES Annexure A TRUE COPY OF FIR DATED 12.12.2021 IN CRIME NO. Annexure B TRUE COPY OF COMPLAINT DATED 26.11.2021 FILED BY THE PETITIONER BEFORE THE KOTTIYAM POLICE STATION, KOLLAM Annexure C TRUE COPY OF ACKNOWLEDGMENT SLIP DATED 26.11.2021 ISSUED TO THE PETITIONER BY THE KOTTIYAM POLICE STATION, KOLLAM

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