Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. MONDAY, THE 31ST DAY OF JANUARY 2022 / 11TH MAGHA, 1943 BAIL APPL. NO. 576 OF 2022 Crime No.39/2022 of Yeroor Police Station PETITIONER/ACCUSED: PRASOBH AGED 28 YEARS, S/O. PRASANNAN, LETHA BHAVAN, KOMALAM, VADAMON, ANCHAL VILLEGE, KOLLAM DISTRICT KOLLAM, PIN - 691306. BY ADV R.KRISHNAKUMAR (CHERTHALA) RESPONDENTS/STATE & COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM, PIN - 682031 2 STATION HOUSE OFFICER YEROOR POLICE STATION, YEROOR, KOLLAM DISTRICT KOLLAM, PIN - 691312 BY ADV PUBLIC PROSECUTOR OTHER PRESENT: SRI. NOUSHAD K.A. (SR.PP) THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: B.A. No.576/2022 -2-
ORDER
The petitioner is the accused in Crime No.39/2022 of Yeroor Police Station, Kollam District alleging commission of offences under Sections 294 (b), 323, 324, 326, 307 and 506 of the Indian Penal Code.
2. The allegation against the petitioner is that alleging that the de facto
complainant was having an affair with the wife of the petitioner, the petitioner attacked the de facto complainant and had also demanded some money from him. It is alleged that the petitioner had used obscene language against the de facto complainant and that the petitioner had brutally attacked the de facto complainant and there by he committed the offences alleged against him .
3. The learned counsel for the petitioner submits that this is a clear case
where the First Information Report has been registered only as a counter blast to the crime registered at the instance of the petitioner against the de facto complainant and refers to Annexure-A2 F.I.R in this regard. Reference is also made to the body note prepared under Annexure-A2 which would show that that petitioner had suffered serious injuries owing to the attack of the de facto complainant.
4. The learned Public Prosecutor submits that the allegations against the
petitioner are serious as several injuries including fracture was reported by the de facto complainant. It is submitted that going by the allegation against the petitioner, the petitioner had attacked the de facto complainant alleging that the de facto complainant was having an affair with th wife of the petitioner. It is submitted that the petitioner was arrested on 14-01-2022.
B.A. No.576/2022 -3-
5. Having regard to the facts and circumstances of the case and
considering the fact that his continued detention may not be necessary for the purpose of any investigation in Crime No.39/2022 of Yeroor Police Station, I am of the view that the petitioner can be granted bail subject to conditions. In the result this bail application is allowed. It is directed that the petitioner shall be released on bail, 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 each for the like sum to the satisfaction of the jurisdictional Court;
(ii) The Petitioner shall report before the Investigating officer in Crime No.39/2022 of Yeroor Police Station on every Saturday at 11 a.m until filing of final report in the aforesaid crime;
(iii) The petitioner shall not attempt to interfere with the investigation, influence or intimidate the de facto complainant or any witness in Crime No.39/2022 of Yeroor Police Station;
(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.39/2022 of Yeroor Police Station may file an application before the jurisdictional Court for cancellation of bail.
Sd/- GOPINATH P. JUDGE AMG B.A. No.576/2022 -4- APPENDIX OF BAIL APPL. 576/2022 PETITIONER ANNEXURES Annexure1 A TRUE COPY OF THE FIR IN CRIME NO. 39/2022 OF YEROOR POLICE STATION DATED 13-01-2022 Annexure2 A TRUE COPY OF THE FIR IN CRIME NO.40/2022 OF YEROOR POLICE STATION AND THE STATEMENT GIVEN BY THE PETITIONER TO THE POLICE DATED 14-01-2022