IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 26TH DAY OF AUGUST 2022 / 4TH BHADRA, 1944
BAIL APPL. NO. 5200 OF 2022
AGAINST THE ORDER/JUDGMENTCRMC 845/2022 OF DISTRICT COURT & SESSIONS
COURT,THALASSERY
PETITIONER/ACCUSED NOS.1 & 2:
1 PAVOOR DILLEP KUMAR, AGED 46 YEARS
S/O. KRISHNAN.P, PAVOOR HOUSE, KOROM, CHALAKKODE P.O,
PAYYANUR, KANNUR DISTRICT, PIN - 670307
2 SURESH.K, AGED 47 YEARS
S/O. JANAKI, KATTOOR HOUSE, KOROME, CHALAKKODE P.O,
PAYYANUR, KANNUR DISTRICT, PIN - 670307
BY ADVS.
M.ANUROOP
LEKSHMI S.SEKHER
RESPONDENT/COMPLAINANT:
STATE OF KERALA RPRESENTED BY THE PUBLIC PROSECUTOR
HIGH COURT OF KERALA, PIN - 682031
OTHER PRESENT:
PP - SMT. NIMA JACOB
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
26.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A. No. 5200 of 2022 2
VIJU ABRAHAM, J.
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B.A. No. 5200 of 2022
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Dated this the 26th day of August, 2022
ORDER
Application for anticipatory bail.
2. Petitioners are the accused 1 & 2 in Crime No.439 of 2022 of Payyanur Police Station, registered alleging commission of offences punishable under Sections 341, 294(b), 323, 325, 326 r/w S.34 IPC.
3. The prosecution allegations is that, on 07-06- 2022 at 2.30 pm near to Riya Masjid in Korom Village, the accused, in furtherance of their common intention, wrongfully restrained the defacto complainant and beat on his face using their hands. When the defacto complainant fell down to the ground, the accused attacked and he has sustained severe injuries in the alleged incident.
4. The petitioners submit that they have been falsely implicated in the above said crime and they B.A. No. 5200 of 2022 3 have no other criminal antecedents.
5. Heard the learned counsel appearing for the petitioners and the learned Public Prosecutor.
6. The learned Public Prosecutor upon instructions submitted that the defacto complainant sustained serious injuries in the alleged incident and further submits that serious overt acts are alleged against the 1st accused. The only allegation against the 2nd petitioner is that he restrained the defacto complainant. Learned Public Prosecutor further submits that the petitioners have no other criminal antecedents.
7. Having regard to the facts and circumstances of the case, and nature of the allegations and serious overt acts are alleged against the 1st petitioner, I am not inclined to grant anticipatory bail to the 1st petitioner, but I am inclined to grant pre-arrest bail to the 2nd petitioner, but on stringent conditions. The above bail application is allowed in part with the following directions. The 2nd petitioner shall surrender before the B.A. No. 5200 of 2022 4 investigating officer on 31.08.2022 and make himself available for interrogation on that day or on any other day or days as directed by the investigating officer. In the event of arrest of the 2nd petitioner in Crime No.439 of 2022 of Payyanur Police Station, he shall be produced before the jurisdictional Magistrate on the same day and be released on bail on the following conditions:
(i) The petitioner shall execute a bond for 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.439/2022 of Payyanur Police Station as and when summoned to do so;
(iii) The petitioner shall co-operate with the investigation and make himself available for interrogation whenever so required;
(iv) The petitioner shall not tamper with any evidence;
(v) The petitioner shall not directly or indirectly make any inducement, threat or promise to any witness acquainted with the B.A. No. 5200 of 2022 5 facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer;
(vi) 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.439/2022 of Payyanur Police Station, 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).
The 1st petitioner shall surrender before the investigating officer and shall co-operate with the investigation. After interrogation, he shall be produced before the Jurisdictional Magistrate on the B.A. No. 5200 of 2022 6 very same day. If an application for bail is moved with prior notice to the Public Prosecutor, same shall be considered by the learned Magistrate without much delay. I am issuing this direction, taking note of the fact that the 1 st petitioner has no other criminal antecedents.
Sd/-
VIJU ABRAHAM,JUDGE pm