Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE K.HARIPAL THURSDAY, THE 29TH DAY OF JULY 2021 / 7TH SRAVANA, 1943 BAIL APPL. NO. 5593 OF 2021 CRIME NO.802/2021 OF ANCHAL POLICE STATION, KOLLAM DISTRICT PETITIONERS/ACCUSED: 1 VIPIN AGED 24 YEARS, S/O.SHAJI, NANTHU BHAVAN, ALAMCODE, KOTTUKKAL P.O., ITTIVA VILLAGE, KOLLAM DISTRICT. 2 LIJO VARGHESE AGED 25 YEARS, S/O.VARGHESE, LIJO BHAVAN, KOVOOR, VAYALA P.O., KOTTUKKAL, KOLLAM DISTRICT. 3 SYAMRAJ AGED 24 YEARS, S/O.KUMAR RAJU, VELAMPARAMBIL PUTHEN VEEDU, KOVOOR, VAYALA P.O., KOTTUKKAL VILLAGE, KOLLAM DISTRICT. 4 VISHAL AGED 23 YEARS, S/O.RAJUKUMAR, CHARUVILA PUTHEN VEEDU, PULLUPANA, PULLUPANA P.O., KOTTUKAL VILLAGE, KOLLAM BY ADV ALEXANDER GEORGE RESPONDENTS/COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY ITS DIRECTOR OF PUBLIC PROSECUTION, HIGH COURT OF KERALA, ERNAKULAM - 682 031.
2 THE SUB INSPECTOR OF POLICE, ANCHAL POLICE STATION, KOLLAM DISTRICT, PIN - 691 306. SRI. SANTHOSH PETER, SR.PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -2-
ORDER
Petitioners are accused Nos.1 to 4 respectively in crime No.802/2021 of Anchal police station. They face allegations under Sections 323, 324 and 308 read with Section 34 of IPC.
2. The defacto complainant/injured is none other than
the father-in-law of the first petitioner; petitioners 2 to 4 are related to the first petitioner. It is stated that there were some matrimonial issues between the first petitioner and his wife and there was also dispute with regard to the custody of the children. The alleged incident had happened when they had met at the house of the defacto complainant for a settlement talk. According to the learned counsel, the defacto complainant did not relish a statement. Later, talks turned violent and the accused persons, in furtherance of their common intention, attacked and injured the defacto complainant. It is stated that the first petitioner had used an iron rod whereas the second petitioner had beat him with a steel bracelet. The petitioners were arrested on 13.07.2021 and for the last 14 days, they are in judicial custody. -3-
3. I heard counsel on both sides.
4. The parties are near relatives. The weapons of
offence have already been recovered. Their further custody is not necessary. Moreover, continued custody will stall any future chances of compromise between the parties to the marriage. Therefore, the petitioners shall be released on bail on the following conditions:- i) Petitioners shall execute bond for 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) They shall not try to contact or influence the witnesses or tamper with evidence; iii) They shall not leave the country without leave of the jurisdictional court; iv) They shall not enter Anchal police station limits until the filing of the final report; v) They shall not involve in any crime during the period on bail; vi) They shall appear before the Investigating -4- Officer/trial court as and when required;
vii) They shall strictly abide the various guidelines
issued by the State and Central Governments with respect to keeping of social distancing in the wake of Covid 19 pandemic; viii) If any of the above conditions are violated by the petitioners, the jurisdictional court will be a liberty to cancel the bail in accordance with law. This bail application is allowed as above. Sd/- K.HARIPAL JUDGE nkr/29.07.2021