Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM THURSDAY, THE 6TH DAY OF OCTOBER 2022 / 14TH ASWINA, 1944 BAIL APPL. NO. 5869 OF 2022 PETITIONERS/ACCUSED:
1 SOORAJ.C, AGED 27 YEARS SON OF RAVEENDRAN.V.V. THADIYANKOVVAL, UDINUR.P.O, KASARGOD,., PIN - 671310 2 RAJESH ALAYIL, AGED 41 YEARS SON OF D.RAGHAVAN, THADIYAN KOVVAL, P.O.UDINUR, KASARAGOD., PIN - 671310 3 DEEPU.K.P, AGED 35 YEARS SON OF K.GOPALAN,KUHNI PURAYIL, UDINUR THEKKUPURAM, P.O.UDINUR, KASARGOD., PIN - 671310 4 SHIBU.K.V, AGED 38 YEARS,SON OF SREEDHARAN.V V SWARAM HOUSE, THADIYAN KOVVAL, UDINUR.P.O, KASARAGOD., PIN - 671310 BY ADVS. A.ARUNKUMAR HEERAKRISHNA T.H.
RESPONDENT/STATE: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 OTHER PRESENT: PP - SRI. M.C.ASHI THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: B.A. No. 5869 of 2022 2
VIJU ABRAHAM, J.
------------------- B.A. No. 5869 of 2022 ---------------------------------- Dated this the 6th day of October, 2022
ORDER
Application for anticipatory bail.
2. Petitioners are accused in Crime No.396 of 2022 of Chandera Police Station registered alleging commission of offences punishable under Sections 447,326,506 r/w 34 of IPC .
3. The prosecution allegation is that, on 13- 04-20222 at 23.00 hours at Thekkepuram in Udinoor Village accused 1 to 4 trespassed into the courtyard of the house of the defacto complainant with weapons and attacked him with iron rod, stick
and knife and caused him injuries and also threatened him that he will not be permitted to live and thereby committed the offences as alleged by the prosecution.
4. The petitioners submit that they have been falsely implicated in the above said crime. The B.A. No. 5869 of 2022 3 alleged incident took place on 13.04.2022 and the complaint was registered only on 15.04.2022 and
the delay is not explained at all. The specific case of the petitioners is that based on the complaint, a crime was registered against 4
persons namely, Anuraj, Sanoj, Subash and Jishnu and their names are seen mentioned in the FI Statement also. Now it is seen that the police had deleted the names of the above persons and added the names of the petitioners herein. Petitioners are social workers of the locality and they opposed the illegal activities of the defacto complainant and also lodged a complaint before the Hon,ble Chief Minister. It is also submitted that the defacto complainant is involved in several other crimes, as is seen from Annexure-II details obtained as per Right to Information Act.
5. Heard the learned counsel for the petitioners and the learned Public Prosecutor.
6. Learned Public Prosecutor upon instructions submitted that it is true that in the complaint of
B.A. No. 5869 of 2022 4 the defacto complainant, the names of other 4 persons are mentioned, but the investigation conducted by the Police found that it is the petitioners who were actually involved in the
above said crime and the earlier 4 persons were deleted from the party array of accused. The vehicle which was involved in the offence is recovered and further investigation revealed that, it was used by the petitioners herein. Learned Public Prosecutor further submitted that the petitioners have no other criminal antecedents. Having regard to the facts and circumstances of
the case, and nature of the allegations, I feel that custodial interrogation may not be required for the purpose of investigation. I am inclined to grant anticipatory bail to the petitioners, but on stringent conditions. The above bail application
is allowed with the following directions. The petitioners shall surrender before the investigating officer on 12.10.2022 and make
themselves available for interrogation on that day B.A. No. 5869 of 2022 5 or on any other day or days as directed by the investigating officer. In the event of arrest of the petitioners in Crime No.396 of 2022 of Chandera Police Station, they shall be produced before the jurisdictional Magistrate on the same day and be released on bail on the following conditions:
(i) The petitioners shall execute a bond for sum of Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court;
(ii) The petitioners shall appear before the investigating officer in Crime No.396/2022 of Chandera Police Station as and when summoned to do so;
(iii) The petitioners shall co-operate with the investigation and make themselves available for interrogation whenever so required;
(iv) The petitioners shall not tamper with any evidence;
(v) The petitioners shall not directly or indirectly make any inducement, threat or promise to any witness acquainted them from disclosing such facts to the court or to any police officer; B.A. No. 5869 of 2022 6
(vi) 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.396/2022 of Chandera Police Station, 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 any of 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 pm