Arafath vs State of Kerala - Court Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM THURSDAY, THE 6TH DAY OF OCTOBER 2022 / 14TH ASWINA, 1944 BAIL APPL. NO. 7498 OF 2022 AGAINST THE ORDER/JUDGMENTCRMP 7386/2022 OF JUDICIAL MAGISTRATE OF FIRST CLASS , KODUNGALLUR PETITIONER/ACCUSED: ARAFATH, AGED 39 YEARS PONAKUZHY HOUSE PERIBAZAR DESOM, S N PURAM VILLAGE THRISSUR DISTRICT., PIN - 680668 BY ADVS. P.VENUGOPAL SEBI S RAJ RESPONDENT/STATE & COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 STATION HOUSE OFFICER VALAPPAD POLICE STATION, VALAPPAD-PO THRISSUR DISTRICT., PIN - 680567 OTHER PRESENT: SR.PP - SMT. SEETHA S. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: B.A. No. 7498 of 2022 2

VIJU ABRAHAM, J.

------------------------ B.A. No. 7498 of 2022 ------------------------------ Dated this the 6th day of October, 2022

ORDER

This is an application for regular bail.

2. Petitioner is the sole accused in Crime

No.626      of     2022     of      Valappad         Police        Station,
Thrissur         registered         alleging          commission           of
offences        punishable        under        Sections          341,    324,

294(b) and 308 of the IPC.

3. The prosecution case is that, on 12.09.2022

at    21.30      hours,     the    applicant         out    of     previous
enmity,         wrongfully          restrained             the      defacto
complainant        and     abused    him       in    filthy       language.

Thereafter, the applicant voluntarily caused hurt to the defacto complainant and his friends by beating with an iron pipe. The act of the applicant in attempting to beat on the head of the

defacto       complainant         with    iron       pipe    would       have
resulted in his death, if not prevented.                            On such
B.A. No. 7498   of 2022               3

allegations, the aforesaid crime was registered.

4. Petitioner submits that he has been falsely implicated in the above said crime and he is in custody from 14.09.2022 onwards and his further detention is not required for the purpose of investigation. In fact, what has happened is that on 12.09.2022 while the petitioner was driving a car bearing Reg.No.KL-47-J-2000, a road traffic accident occurred when it hit against a motor cycle. The petitioner along with other persons including the defacto complainant took the injured

persons to the hospital. Later the petitioner want to take his vehicle, the defacto complainant and three others attacked him and he sustained injuries. A complaint was filed and a crime was registered as Crime No.627/2022 of Valappad Police Station against the defacto complainant and his friends and the present crime was registered on a false complaint by the defacto complainant.

5. Heard the learned counsel for the petitioner B.A. No. 7498 of 2022 4 and the learned Public Prosecutor.

6. Learned Public Prosecutor seriously opposed the application for bail mainly contending that the defacto complainant attacked the petitioner with an iron pipe and he sustained injuries in the

alleged incident, but submitted that the petitioner has no other criminal antecedents. Considering the facts and circumstances of the case and the nature of the allegation, and the petitioner is in custody from 14.09.2022 onwards, and that the petitioner has no other criminal antecedents, I am inclined to grant bail to the

petitioner, but on stringent conditions. In the result, the bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:

(i) The 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 626 of 2022 B.A. No. 7498 of 2022 5 of Valappad Police Station on every Saturday at 11 am, until filing of final report;

(iii) The petitioner shall not attempt to interfere with the investigation or to influence any witness in the above said crime;

(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. 626 of 2022 of Valappad Police Station may file an application before the jurisdictional court, for cancellation of bail. Sd/- VIJU ABRAHAM, JUDGE pm