Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. MONDAY, THE 21ST DAY OF FEBRUARY 2022 / 2ND PHALGUNA, 1943 BAIL APPL. NO. 588 OF 2022 AGAINST THE ORDER/JUDGMENT IN CRMC 24/2022 OF DISTRICT COURT & SESSIONS COURT,KOLLAM CRIME NO.11/2022 OF ANCHALUMOODU POLICE STATION, KOLLAM PETITIONERS/ACCUSED NOS.1 TO 7:
1 LIJIN, AGED 30 YEARS S/O. SAJEEV, SREESHYLAM, THRIKKADAVOOR, VILLAGE KOLLAM DISTRICT 691 601. 2 SREENATH, AGED 24 YEARS S/O. MANOJ, PUTHEN VEEDU, MURUNTHAL, THRIKKADAVOOR VILLAGE, KOLLAM DISTRICT 691 601. 3 KIRAN, AGED 24 YEARS S/O. BINDHU, AMBIYIL PADINJATTATHIL, MURUNTHAL, THRIKKADAVOOR VILLAGE, KOLLAM DISTRICT 691 601. 4 APPU, AGED 28 YEARS S/O. ASHOKAN, POORNIMA, MURUNTHAL, THRIKKADAVOOR VILLAGE, KOLLAM DISTRICT 691 601. 5 SARATH MOHAN.S AGED 30 YEARS S/O. SASIMOHAN, KANDATHIL PADINJATTATHIL, MURUNTHAL, THRIKKADAVOOR VILLAGE, KOLLAM DISTRICT 691 601. 6 NIKHIL, AGED 26 YEARS S/O. ANILKUMAR, MELOOTU VAYALIL, MURUNTHAL, THRIKKADAVOOR VILLAGE, KOLLAM DISTRICT 691 601. 7 VISHNU, AGED 26 YEARS S/O. UDHAYAKUMAR, VELIVILA VEEDU, NEERAVIL,
B.A.No.588/2022 2 THRIKKADAVOOR VILLAGE, KOLLAM DISTRICT 691 601. BY ADVS. K.SIJU S.ABHILASH ANJANA KANNATH T.S.SREEKUTTY RESPONDENT/STATE: 1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT , ERNAKULAM, 682 031. 2 THE STATION HOUSE OFFICER, ANCHALUMOODU POLICE STATION, KOLLAM DISTRICT 691 306. OTHER PRESENT: SRI. NOUSHAD K.A. (SR.PP) THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: B.A.No.588/2022 3
ORDER
This is an application for anticipatory bail.
2. The petitioners are the accused in Crime No.11/2022 of
Anchalumoodu Police Station, Kollam District alleging commission of offences under Sections 294(b), 341, 323, 324 and 326 r/w. Section 34 of the Indian Penal Code.
3. The allegation against the petitioners is that they along with
the other accused in the case confined the de facto complainant, used abusive words against him and attacked him with weapons and iron chain as a result of which the de facto complainant suffered serious injuries.
4. The learned counsel appearing for the petitioners would
submit that the 4th accused in the case (4th petitioner) has already been arrested in the matter and that this bail application has become infructuous in so far as it relates to the 4 th petitioner/4th accused. It is submitted with reference to the statement of the de facto complainant that the allegations are baseless. It is submitted that there are practically no allegations against accused Nos.1, 5 6 and 7 (petitioners 1, 5 6 and 7). It is submitted that no serious injuries were caused to the de facto complainant and that, at any rate, custody of the petitioners is not necessary for the purposes of any investigation.
5. The learned Public Prosecutor points out the wound certificate issued in respect of the de facto complainant and submits that fairly serous injuries were caused to the de facto complainant owing to the attack by the B.A.No.588/2022 4 petitioners. It is submitted that grant of bail to the petitioners at this stage may not be conducive to the investigation. 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 that the thrust of the allegations is against accused Nos.2 and 3 (petitioners 2 and 3), I am not inclined to grant anticipatory bail to petitioners 2 and 3. The 4 th accused had already been arrested and is in custody. I note that in respect of petitioners 1, 5, 6 and 7, no specific overt acts are alleged against them except that they restrained the motorbike of the de facto complainant. Therefore, I am of the opinion that petitioners 1, 5, 6 and 7 can be granted anticipatory bail subject to conditions.
8. In the result, this application it relates to petitioners 1, 5, 6 and
7 is allowed. It is directed that the petitioners 1, 5, 6 and 7 (accused Nos.1, 5, 6 and 7) shall be released on anticipatory bail, in the event of their arrest in Crime No. 11/2022 of Anchalumoodu Police Station subject to the following conditions:-
(i) Petitioners 1, 5, 6 and 7 shall execute separate bonds for sums 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) Petitioners 1, 5, 6 and 7 shall appear before the investigating officer in Crime No.11/2022 of Anchalumoodu Police Station at 10 a.m. on 28.2.2022 and thereafter whenever called upon to do so;
(iii) Petitioners 1, 5, 6 and 7 shall not attempt to contact the
de facto complainant or interfere with the investigation or to influence or B.A.No.588/2022 5 intimidate any witness in Crime No. 11/2022 of Anchalumoodu Police Station;
(iv) Petitioners 1, 5, 6 and 7 shall not involve in any other crime while on bail. If any of the aforesaid conditions are violated, the Investigating officer in Crime No.11/2022 of Anchalumoodu Police Station may file an application before the jurisdictional Court for cancellation of bail. This bail application in so far as it relates to accused No.2, 3 and 4 will stand dismissed. Sd/- GOPINATH P. JUDGE acd