Sinto vs State of Kerala - Court Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM WEDNESDAY, THE 19TH DAY OF OCTOBER 2022 / 27TH ASWINA, 1944 BAIL APPL. NO. 4412 OF 2022 PETITIONER/ACCUSED NO.3: SINTO AGED 41 YEARS SON OF POULOSE, CHITTINAPPILLY HOUSE, EDAKKUNNU, PADUVAPURAM P.O., ERNAKULAM DISTRICT., PIN - 683576 BY ADV BOBBY RAPHEAL.C RESPONDENT/COMPLAINANT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM., PIN - 682031 BY ADV PUBLIC PROSECUTOR

OTHER PRESENT: PP - SRI. M.C.ASHI THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Bail Appln. No. 4412 of 2022 2

VIJU ABRAHAM , J.

=========================== Bail Appln. No. 4412 of 2022 ============================ Dated this the 19th day of October, 2022

ORDER

This is an application for anticipatory bail.

2. The petitioner is the 3rd accused in Crime No. 478/2022 of Angamaly Police Station alleging commission of offences under Sections 323, 324, 341, 326, 427 read with Section 34 of the Indian Penal Code.

3. The prosecution allegation is that, on 09.05.2022 at

about 03:00 PM, the accused Nos. 1 to 3 physically assaulted two labourers employed in the work of Water Authority and inflicted grievous hurt to one of the above persons by beating upon his face with a stone. The 3rd accused is said to have attacked the defacto complainant and also caused destructions to the tune of Rs. 18,000/- by smashing the glass of a JCB used for the work by the defacto complainant.

4. The petitioner submits that he is totally innocent of the charges levelled against him and has absolutely no involvement in the alleged crime. Bail Appln. No. 4412 of 2022 3

5. The Learned Public Prosecutor upon instructions

submitted that the employees of the Water Authority were attacked by the petitioner and serious overt acts are alleged against accused Nos. 1 and 2. The allegation against the petitioner is that he has kicked the defacto complainant and also caused damage to JCB to a tune of Rs. 18,000/-. The learned Public Prosecutor further submitted that the petitioner has no other criminal antecedents.

6. It is seen that interim bail was granted to the petitioner as per order dated 10.06.2022.

7. Considering the nature of allegation and as no serious overt acts are alleged against the petitioner, I am inclined to grant anticipatory bail to the petitioner. In the result, this application is allowed. The Petitioner shall

surrender before the Investigating Officer in Crime No. 478/2022 of Angamaly Police Station on 26.10.2022 at 11 AM and shall make himself available for interrogation on that day or any other day/days as directed by the Investigating Officer. In the event of arrest of the petitioner in Crime No. 478/2022 of Angamaly Police Station, the petitioner shall be produced before the jurisdictional

Bail Appln. No. 4412 of 2022 4 Court on the very 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 like-sum to the satisfaction of the Jurisdictional Court;

(ii) The petitioner shall appear before the investigating officer in Crime No. 478/2022 of Angamaly Police Station, as and when called for;

(iii) 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.

(iv) 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. 478/2022 of Angamaly Police Station may file an application before the jurisdictional Court, for cancellation of bail. Sd/- VIJU ABRAHAM JUDGE sks/-