Vins Kumar.V.U vs State of Kerala

Type Court Judgment Court Kerala Decided Nov 02, 2022

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Citation: sooperkanoon.com/1554798
Court: Kerala High Court
Judge: Honourable Mr.Justice Viju Abraham
Decided On: Nov 02, 2022
Case Number: Bail Appl./8202/2022

Parties & Advocates

Appellant / Petitioner

Vins Kumar.V.U

Respondent

State of Kerala

Excerpt

.....of offences punishable under sections 143, 147, 148, 149, 294(b), 323, 324, 353, 332, 506(ii) of ipc and sec 3(ii) (e) pdpp act.3. the brief of the prosecution allegation is that on11.09.2022 at 11.30 am, the accused out of animosity towards the defacto complainant the s.i of police and also cpo named arun has assaulted them and also caused obstruction to their duty.4. heard the learned counsel for the petitioner and the learned public prosecutor.5. the learned counsel for the petitioner submitted that he has been falsely implicated in the aforesaid crime and on the fateful night two groups entered in to a melee at karakkonamjunction and on hearing the noise the petitioner came out of his house and intervened and suddenly the police came and there was total chaos and the petitioner was not a part of the group who attacked the police. though the petitioner moved an application for bail before the sessions court and the same was rejected as per annexure-a2.6. the learned public prosecutor upon instructions submitted that the allegation against the petitioner is that he has abused the police officials by words. petitioner submitted that another accused similarly situated like the petitioner was granted anticipatory bail by the sessions court in crl.m.c.no.2248/2022.7. considering the facts and circumstances of the caseand the nature of the allegations and taking into consideration the fact that the petitioner has no other criminal antecedents, i am inclined to grant anticipatory bail to the petitioner. in the result, this application is allowed. petitioner shall surrender before the investigating officer in crime no.789/2022 of vellarada police station, thiruvananthapuram rural, on 07.11.2022 at 11 am and make himself available for interrogation. the petitioner shall co-operate with the investigation. it is directed that in the event of arrest of the petitioner in crime no.789/2022 of vellarada police station, thiruvananthapuram rural, he shall be produced before.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM WEDNESDAY, THE 2ND DAY OF NOVEMBER 2022 / 11TH KARTHIKA, 1944 Crime No.789/2022 of Vellarada Police Station, Thiruvananthapuram Rural, PETITIONER/3RD ACCUSED: VINS KUMAR.V.U, AGED 31 YEARS S/O.VIJAYAKUMAR.D,KIZHAKINKARA PUTHU VEEDU, KARAKKONAM, KARAKKONAM.P.O., THIRUVANANTHAPURAM - 695 504 BY ADV SUMAN CHAKRAVARTHY

RESPONDENT/COMPLAINANT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 OTHER PRESENT: PP - M.C.ASHI THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VIJU ABRAHAM, J BA No. 8202 of 2022 nd Dated this the 2 day of November 2022

O R D E R

This is an application for anticipatory bail. rd

2. The petitioner is the 3 accused in Crime No.789/2022 of Vellarada Police Station, Thiruvananthapuram Rural, alleging commission of offences punishable under Sections 143, 147, 148, 149, 294(b), 323, 324, 353, 332, 506(ii) of IPC and Sec 3(ii) (e) PDPP Act.

3. The brief of the prosecution allegation is that on

11.09.2022 at 11.30 AM, the accused out of animosity towards the defacto complainant the S.I of Police and also CPO named Arun has assaulted them and also caused obstruction to their duty.

4. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

5. The learned counsel for the petitioner submitted that he has been falsely implicated in the aforesaid crime and on the fateful night two groups entered in to a melee at Karakkonam

junction and on hearing the noise the petitioner came out of his house and intervened and suddenly the police came and there was total chaos and the petitioner was not a part of the group who attacked the police. Though the petitioner moved an application for bail before the Sessions Court and the same was rejected as per Annexure-A2.

6. The learned Public prosecutor upon instructions submitted that the allegation against the petitioner is that he has abused the police officials by words. Petitioner submitted that another accused similarly situated like the petitioner was granted anticipatory bail by the Sessions Court in Crl.M.C.No.2248/2022.

7. Considering the facts and circumstances of the case

and the nature of the allegations and taking into consideration the fact that the petitioner has no other criminal antecedents, I am inclined to grant anticipatory bail to the petitioner. In the result, this application is allowed. Petitioner shall surrender before the investigating officer in Crime No.789/2022 of Vellarada Police Station, Thiruvananthapuram Rural, on 07.11.2022 at 11 am and make himself available for interrogation. The petitioner shall co-operate with the investigation. It is directed that in the event of arrest of the petitioner in Crime No.789/2022 of Vellarada Police Station, Thiruvananthapuram Rural, he shall be produced before the Jurisdictional Court on the same day and shall be released on

bail   subject to the following conditions:-
          (i) The petitioner         shall execute a bond for a
          sum of           Rs.50,000/- (Rupees fifty thousand

only) with two solvent sureties each for the likesum to the satisfaction of the Jurisdictional Court,

(ii) The petitioner shall appear before the

investigating officer in Crime No.789/2022 of Vellarada Police Station, Thiruvananthapuram Rural, on every Saturday at 11.00 am until filing of the final report,

(iii) Petitioner shall report to the investigating officer as and when required for the investigation,

(iv) The petitioner shall not attempt to

influence the defacto complainant or interfere with the investigation or to influence or intimidate any witness in Crime No.789/2022 of Vellarada Police Station, Thiruvananthapuram Rural,

(v) The 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.789/2022 of Vellarada Police Station, Thiruvananthapuram Rural, 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 petitioner even when the petitioner is 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 R.AV

Same Court & Year Kerala · 2022 Same Parties Vins Kumar.V.U vs State of Kerala Same Judge Honourable Mr.Justice Viju Abraham