Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM TUESDAY, THE 31ST DAY OF MAY 2022 / 10TH JYAISHTA, 1944 PETITIONER/ACCUSED: ARJUN SURESH AGED 22 YEARS SON OF SURESH, PUTHENVELIKKATTIL HOUSE, MANIKYAMANGALAM, KALADI, ERNAKULAM DISTRICT, PIN - BY ADV ANIL K.MUHAMED RESPONDENT/COMPLAINANT: STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 SR.PP - SMT. SEETHA S. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -2-
ORDER
This is an application for Anticipatory Bail. Petitioner is the sole
accused in Crime No.261/2022 of Kaladi Police Station, alleging commission of offences punishable under Sections 294(b), 324 and 308 of IPC. The prosecution case is that, on 06.03.2022, at about 5 p.m., while the defacto complainant was playing cricket along with accused, the defacto complainant ridiculed the accused by calling his nick name and on hearing the same, the accused hit the defacto complainant with a cricket stump on his left hand and also on the head and thereby committed the above said offences.
2. The learned counsel appearing for the petitioner submitted
that the allegations raised against the petitioner is false and he is totally innocent of the charged levelled against him. Further that, the petitioner is a final year B.Tech student undergoing studies at Mar Baselious Institute of Science and Technology, Kothamangalam. -3-
3. Learned Public Prosecutor, upon instructions, submitted that
there occurred lacerate wound on the head of the defacto complainant and also on the left shoulder and the investigation is not yet over and at this point of time, the release of the accused on bail will affect the investigation of the crime.
4. When the matter came up for consideration on 16.03.2022, this Court had passed an order not to arrest the petitioner in the above crime.
5. Having regard to the facts and circumstances of the case and considering the nature of the allegations, I am of the opinion that the petitioner can be granted anticipatory bail subject to conditions.
6. In the result, the application is allowed. It is directed that the petitioner shall be released on bail in the event of his arrest in Crime No.261/2022 of Kaladi Police Station, subject to the following conditions:
(i) Petitioner shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two -4- solvent sureties each for the likesum to the satisfaction of the Jurisdictional Court;
(ii) Petitioner shall appear before the investigating officer in Crime No.261/2022 of Kaladi Police station as and when summoned to do so;
(iii) The petitioner shall not attempt to contact the victim or the de facto complainant or interfere with the investigation or to influence or intimidate any witness in Crime No.261/2022 of Kaladi police station;
(iv) The petitioner shall surrender his passport
before the jurisdictional court. If the petitioner does not have a passport, he shall execute an affidavit to that effect and file the same before the said court within seven days of release on bail;
(v) The petitioner shall not involve in any other crime while on bail. If any of the aforesaid conditions are violated, the investigating -5- officer in Crime No.261/2022 of Kaladi police station may file an application before the jurisdictional Court, for cancellation of bail. Sd/- VIJU ABRAHAM JUDGE uu 31.05.2022