Arun K.V vs State of Kerala

Type Court Judgment Court Kerala Decided Jun 30, 2022

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Citation: sooperkanoon.com/1478607
Court: Kerala High Court
Judge: Honourable Mr.Justice Viju Abraham
Decided On: Jun 30, 2022
Case Number: Bail Appl./3692/2022

Parties & Advocates

Appellant / Petitioner

Arun K.V

Respondent

State of Kerala

Excerpt

.....294(b), 323, 325, 379 and 506 of the ipc.3. the prosecution case is that, on 27.04.2022 at10.46 hours, the accused persons due to previous enmity towards a construction contractor named kanakarajan of kiran construction company, detained the de facto complainant, abused and threatened him, hit him and took away his mobile phone and rs.4,800/- from him. though the incident is alleged to have occurred at 10.46 hours on 27.04.2022, the complaint was made only on 06.05.2022.4. the learned counsel for the petitioners submittedthat, there is absolutely no truth or substance in the allegations raised and no incident as alleged has occurred on 27.04.2022 or any other date. the de facto complainant is an employee of a construction company who were stocking the ..3..construction materials and doing construction works blocking a busy narrow street in the locality which was objected to by residents of the area. it seems that a false complaint is made with the sole intention of suppressing any complaints being made to any authority against the illegal blocking of the road and causing traffic blockade.5. the de facto complainant got impleaded andstrongly opposed the application for bail, mainly contending that, on that alleged incident, he was brutally manhandled. it is seen that police protection order was obtained by the employer of the de facto complainant and by the said act, they have violated the orders passed by this court as per anx.r3(a)- judgment.6. the learned public prosecutor, upon instruction, submitted that, recoveries are yet to be effected.7. having regard to the facts and circumstances of the case, considering the nature of the allegation, i am inclined to grant anticipatory bail to the petitioners, subject to stringent conditions. in the result, the bail application is allowed. petitioners shall surrender before the investigation officer on ..4..7th july,2022 at 11.00am and shall subject themselves for interrogation. in the event of arrest of the.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM THURSDAY, THE 30TH DAY OF JUNE 2022 / 9TH ASHADHA, 1944 BAIL APPL. NO. 3692 OF 2022 CRIME NO.438/2022 OF POZHIYOOR POLICE STATION, THIRUVANANTHAPURAM PETITIONERS/ACCUSED:

1 ARUN K.V, AGED 33 YEARS, S/O P KESARI, GRACE , KANNUKUZHI, UCHAKKADA P.O, KULATHOOR VILLAGE THIRUVANANTHAPURAM, PIN - 695506 2 ANOOP K, AGED 37 YEARS, S/O P KESARI , GRACE, KANNUKUZHI, UCHAKKADA P.O, KULATHOOR VILLAGE THIRUVANANTHAPURAM, PIN - 695506 BY ADVS. THOMAS T.VARGHESE NIKHIL PHILIP T.VARGHESE ACHU SUBHA ABRAHAM V.T.LITHA K.R.MONISHA SHRUTHI SARA JACOB

RESPONDENTS:

1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2 THE STATION HOUSE OFFICER, POZHIYOOR POLICE STATION, THIRUVANANTHAPURAM, PIN - 695513 ADD. R3 SAJI B, AGED 47 YEARS, S/O BHASKARAN NADAR, RESIDING AT THERIVILA PUTHEN VEEDU, KOTTUKAL VILLAGE, NELLIMOODU P.O, THIRUVANANTHAPURAM DISTRICT-695524 IS IMPLEADED AS ADDL.R3 AS PER

ORDER DATED 06/06/2022 IN CRL.M.A.NO.1/2022.

BY ADV SMT.SEETHA.S - SR.PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ..2..

ORDER

Dated this the 30th day of June, 2022 This is an application for Anticipatory Bail.

2. The petitioners are arrayed as accused in Crime

No.438/2022 of Pozhiyoor Police Station, Thiruvananthapuram alleging commission of offences punishable under Sections 341, 294(b), 323, 325, 379 and 506 of the IPC.

3. The prosecution case is that, on 27.04.2022 at

10.46 hours, the accused persons due to previous enmity towards a construction contractor named Kanakarajan of Kiran Construction Company, detained the de facto complainant, abused and threatened him, hit him and took away his mobile phone and Rs.4,800/- from him. Though the incident is alleged to have occurred at 10.46 hours on 27.04.2022, the complaint was made only on 06.05.2022.

4. The learned counsel for the petitioners submitted

that, there is absolutely no truth or substance in the allegations raised and no incident as alleged has occurred on 27.04.2022 or any other date. The de facto complainant is an employee of a construction company who were stocking the ..3..

construction materials and doing construction works blocking a busy narrow street in the locality which was objected to by residents of the area. It seems that a false complaint is made with the sole intention of suppressing any complaints being made to any authority against the illegal blocking of the road and causing traffic blockade.

5. The de facto complainant got impleaded and

strongly opposed the application for bail, mainly contending that, on that alleged incident, he was brutally manhandled. It is seen that police protection order was obtained by the employer of the de facto complainant and by the said act, they have violated the orders passed by this Court as per Anx.R3(a)

- Judgment.

6. The learned Public Prosecutor, upon instruction, submitted that, recoveries are yet to be effected.

7. Having regard to the facts and circumstances of the case, considering the nature of the allegation, I am inclined to grant anticipatory bail to the petitioners, subject to stringent conditions. In the result, the bail application is allowed. Petitioners shall surrender before the investigation officer on ..4..

7th July,2022 at 11.00AM and shall subject themselves for interrogation. In the event of arrest of the petitioners in Crime No.438/2022 of Pozhiyoor Police Station, Thiruvananthapuram they shall be released on bail, subject to the following conditions:

(i) Petitioners shall execute 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) Petitioners shall appear before the

investigating officer in Crime No.438/2022 of Pozhiyoor Police Station, Thiruvananthapuram, on every Saturday at 11 am until filing of final report and the petitioner shall co-operate with the investigation;

(iii) The Petitioners shall not attempt to

(contact the victim or the de facto complainant) or interfere with the investigation or to influence or intimidate any ..5.. witness in Crime No.438/2022 of Pozhiyoor Police Station, Thiruvananthapuram;

(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.438/2022 of Pozhiyoor Police Station, Thiruvananthapuram may file an application before the jurisdictional Court, for cancellation of bail. It is made clear that it is within the power of the police to investigate the matter and if necessary to effect recoveries on the information if any given by the Petitioners even when the petitioners are on bail as per the judgment of the Apex Court in Sushila Aggarwal and others v. State (NCT of Delhi) and another (2020 (1) KHC 663). Sd/- VIJU ABRAHAM, JUDGE ded/30.06.2022

Same Court & Year Kerala · 2022 Same Parties Arun K.V vs State of Kerala Same Judge Honourable Mr.Justice Viju Abraham