IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 10TH DAY OF AUGUST 2022 / 19TH SRAVANA, 1944
BAIL APPL. NO. 5584 OF 2022
(Crime No.145/2022 of Thrithala Police Station, Palakkad District)
PETITIONER/S:
JITHIN MOHAN M, AGED 26 YEARS
S/O MOHANAN, AGED 26,
MENAKATHU HOUSE, ERIKKAMANNA,
PONNANI, MALAPURAM DISTRICT, PIN - 679577.
BY ADVS.
T.V.SREEJITH
T.K.NAVAS
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031.
2 SUB INSPECTOR OF POLICE
THRITHALA POLICE STATION,
PALAKKAD DISTRICT, PIN - 679534.
PP SR.M.C.ASHI
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
10.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 5584 OF 2022
2
VIJU ABRAHAM, J
BA No. 5584 of 2022
th
Dated this the 10 day of August, 2022
O R D E R
This is an application for anticipatory bail.
2. The petitioner is the second accused in Crime No.145/2022 of Thrithala Police Station, Palakkad District alleging commission of offences punishable under Sections 447, 341, 326 and 34 of the Indian Penal Code.
3. The allegation in the aforesaid crime is that owing to the animosity arisen due to the defacto complainant requiring st the 1 accused in the aforesaid crime to pay the amount due on the mobile phone sold by the defacto complainant to him, st the 1 accused herein along with 3 other persons trespassed into the house of the defacto complainant and assaulted him with iron rod resulting injuries to the defacto complainant including nasal bone fracture and thereby the accused committed the aforesaid offences.
4. The learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the aforesaid crime BAIL APPL. NO. 5584 OF 2022 3 and absolutely he has no role in the commission of alleged offence and further that the first accused is already granted bail by this court in BA No.2701/2022.
5. The learned Public Prosecutor upon instructions submitted that the petitioner is arrayed as the second accused and further that the serious overt act is alleged against the first accused and the petitioner also was with the first accused at the time of alleged incident and they questioned the defacto complainant. Learned Public Prosecutor further submitted that the petitioner has no other criminal antecedents.
6. Considering the facts and circumstances of the case and the nature of the allegations and taking into consideration that the serious overtact is alleged against the first accused and he is already granted anticipatory bail and 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.145/2022 of Thrithala Police Station, Palakkad District on 19.08.2022 at 11 am for interrogation. It is directed that in the event of arrest of the petitioner in Crime No.145/2022 of BAIL APPL. NO. 5584 OF 2022 4 Thrithala Police Station, Palakkad District he shall be produced before the Jurisdictional Magistrate's Court and he 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) Petitioner shall appear before the investigating officer in Crime No.145/2022 of Thrittala Police Station, Palakkad District, on every Saturday at 11.00 A.M till filing of the charge sheet.
(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.145/2022 of Thrithala Police Station, Palakkad District
(iv) The petitioner shall not enter the local limits of Thrittala Police Station Palakkad BAIL APPL. NO. 5584 OF 2022 5 Dstrict for a period of 3 months, except for the purpose of complying with condition No.
(ii) above;
(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.145/2022 of Thrithala Police Station, Palakkad District 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