Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. TUESDAY, THE 30TH DAY OF NOVEMBER 2021 / 9TH AGRAHAYANA, 1943 BAIL APPL. NO. 8892 OF 2021 CRIME NO.1487/2021 OF Kunnamkulam Police Station, Thrissur PETITIONER/ACCUSED: GOPISH AGED 23 YEARS, SON OF SOMAN, KOTHOTT HOUSE, PAZHANJI P.O, PAZHANJI, THALAPPILLY TALUK, THRISSUR DISTRICT, PIN. 680542, PIN - 680542. BY ADV M.J.POLLY RESPONDENT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, PIN - 682031 BY ADV SMT. S. SEETHA, SR. PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: B.A. No.8892/2021 -2-
ORDER
The petitioner is the accused in Crime No.1487/2021 of Kunnamkulam Police Station, Thrissur District alleging commission of offences under Sections 341, 323, 354, 294 (b) & 34 of the Indian Penal Code.
2. The allegation against the petitioner is that the petitioner and
other accused picked up a quarrel with the de facto complainant and his wife owing to some dispute regarding dimming of headlights of the car of the de facto complainant and they attacked the de facto complainant and his wife and thereby committed the offeneces under the aforesaid provisions of law.
3. The learned counsel for the petitioner submits that the allegations
are completely baseless and unsubstantiated. It is submitted that only non- bailable offence alleged against the petitioner is that under Section 354 of IPC. It is submitted that even if the entire allegations are taken to be true, the allegation under Section 354 is not attracted. It is submitted that at any rate the custodial interrogation of the petitioner is not necessary for a proper investigation into the matter.
4. I have heard the learned Public Prosecutor also.
5. Having regard to the facts and circumstances of the case and
taking into consideration of the fact that custodial interrogation of the petitioner may not be necessary for a proper investigation into Crime No.1487/2021, I am of the view that the petitioner can be granted anticipatory bail subject to conditions. B.A. No.8892/2021 -3- Accordingly, this bail application is allowed. It is directed that the petitioner shall be released on bail, in the event of arrest in connection with Crime No.1487/2021 of Kunnamkulam 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 in Crime No.1487/2021 of Kunnamkulam Police Station as and when summoned to do so;
(iii) Petitioner shall not attempt to contact the de facto complainant or interfere with the investigation or to influence or intimidate any witness in Crime No.1487/2021 of Kunnamkulam 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.1487/2021 of Kunnamkulam Police Station may file an application before the jurisdictional Court for cancellation of bail. Sd/- GOPINATH P. JUDGE AMG