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 AGAINST THE ORDER IN CRMC 1409/2021 OF DISTRICT COURT & SESSIONS COURT,THRISSUR PETITIONER: RASHEED AGED 38 YEARS S/O BASHEER, KUZHIKKANDATHIL HOUSE, VALAPPAD P.O, VALAPAD VILLAGE, THRISSUR DISTRICT, PIN- 680567. BY ADVS. JITHIN BABU A ARUN SAMUEL RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682031. 2 STATION HOUSE OFFICER VALAPAD POLICE STATION, THRISSUR, PIN-680567. SRI. M.C. ASHI (PP) THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: GOPINATH.P, J ------------------------------ B.A. No.7622 of 2021 ------------------------------- Dated this the 31st day of January, 2022
ORDER
Petitioner is the accused in Crime No.942/2021 of the Valapad Police Station, Thrissur district alleging commission of offences under Sections 341, 324, 326 and 506 of IPC.
2. The allegation against the petitioner is that, he entered
into a scuffle with the defacto complainant and assaulted him by hitting him with an iron pipe which resulted in a fracture of the left hand of the defacto complainant.
3. Learned for the petitioner submits that there are
several disputes between the petitioner and defacto complainant and refers to Annexure-A2 and Annexure-A3 in this regard. It is submitted that the complaint in question was given only on account of the other issues between the petitioner and the defacto complainant and there is no merit or truth in the complaint which led to registration of Crime No.942/2021. It is submitted that, at any rate, the custodial interrogation of the petitioner is not required for the purpose of investigation. It is submitted that petitioner is a poor coolie worker and that his arrest and detention will cause serious prejudice to his family consisting of his wife and young daughter.
4. Heard the learned Public Prosecutor also. Learned
Public Prosecutor with reference to the wound certificate of the defacto complainant points out that the defacto complainant had suffered a fracture owing to the alleged attack by the petitioner. It is submitted that the investigation conducted thus far reveals that there are several issues between the petitioner and the defacto complainant. It is pointed out the Annexure-A3 was registered
only after the present complaint. It is submitted that the petitioner is not entitled for anticipatory bail.
5. Having regard to the facts and circumstances of the
case and considering the nature of the allegations against the petitioner, also taking into account the fact that the petitioner is stated to be a coolie worker, I am of the opinion that the petitioner can be granted anticipatory bail subject to conditions.
6. In the result, this bail application is allowed. It is
directed that the petitioner shall be released on anticipatory bail, in the event of his arrest in connection with Crime No.942/2021 of Valapad 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 solvent sureties each for the like sum to the satisfaction of the jurisdictional Court;
(ii) Petitioner shall appear before the investigating
officer as in Crime No.942/2021 of Valapad Police Station at 11:00 AM on every Saturday until filing of final report in Crime No.942/2021 of Valapad Police Station.
(iii) Petitioner shall not attempt to interfere with the investigation, influence or intimidate any witness in Crime No.942/2021 of Valapad Police Station.;
(iv) 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.942/2021 of Valapad Police Station may file an application before the jurisdictional Court for cancellation of bail. Sd/- GOPINATH P. JUDGE AJ