IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
BAIL APPL. NO. 2798 OF 2022
CRIME NO.186/2022 OF PAZHAYANNUR POLICE STATION, THRISSUR DISTRICT
PETITIONERS/ACCUSED:
1 VINODKUMAR, AGED 47 YEARS,S/O RAMAKRISHNAN,
S.S.R. HOUSE, KANIYARCODE P.O.,
THIRUVILLAMALA, THRISSUR DISTRICT, PIN - 680594
2 PRIYESHKUMAR, AGED 20 YEARS, S/O VINODKUMAR,
S.S.R. HOUSE, KANIYARCODE P.O.,
THIRUVILLAMALA, THRISSUR DISTRICT, PIN - 680594
BY ADVS.
V.V.NANDAGOPAL NAMBIAR
BASIL CHANDY VAVACHAN
RESPONDENTS:
1 STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
ADDL. R2 & R3 IMPLEADED
ADDL.R2 RAJU A, AGED 70 YEARS,S/O ARUNACHALAM, GOKULAM, KANIYARKODE
P.O, ERVATHODY, THIRUVILWAMALA, THRISSUR-680594. ARE IMPLEADED
AS PER ORDER DATED 3/6/2022 IN CRL.M.A.NO.1/2022.
ADDL.R3 K AMBIKA RAJU, AGED 68 YEARS,W/O RAJU, GOKULAM, KANIYARKODE
P.O, ERVATHODY, THIRUVILWAMALA, THRISSUR-PIN 680594. ARE
IMPLEADED AS PER ORDER DATED 3/6/2022 IN CRL.M.A.NO.1/2022.
OTHER PRESENT:
SR.PP - SMT. SEETHA S.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06.07.2022, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A. No. 2798 of 2022 2
VIJU ABRAHAM, J.
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B.A. No. 2798 of 2022
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Dated this the 6th day of July, 2022
ORDER
This is an application for anticipatory bail.
2. Petitioners are the accused in Crime No.186 of 2022 of Pazhayannur Police Station, registered alleging commission of offences punishable under Sections 323, 324, 294(b) r/w 34 of IPC.
3. The prosecution case is that on 28.3.2022, the day on which nationwide general strike was called, at about 3.40 pm when the complainant along with their men came to the spot for construction of a boundary wall abutting the road, the 1st petitioner captured the photograph of the same. This was questioned by the complainant and the 1st accused hit on the face of the complainant using a piece of wood and the 2nd petitioner have beaten the complainant with hands and kicked him. The wife of complainant was also abused in filthy language and B.A. No. 2798 of 2022 3 attacked.
4. The specific case of the petitioners is that they have been falsely implicated in the above said crime. The 1st petitioner is an agriculturist. 2nd petitioner who is the son of the 1st petitioner a final year BSc. Electronics student of IHRD College of Applied Sciences, Chelakkara. There were series of complaints against construction of house by the defacto complainant encroaching the public road. A writ petition was filed by the 1st petitioner as W.P.(C)No.5918 of 2019 challenging the said unauthorised construction by the defacto complainant. During a nationwide general strike the defacto complainant again started construction of a building in violation of the Rules and thereupon, the 1st petitioner captured photographs. Infuriated by the same, it was questioned by the defacto complainant and it resulted in a scuffle. Further case of the petitioners that in connection with the alleged incident, the 1st petitioner has also filed a complaint in which a crime was registered as B.A. No. 2798 of 2022 4 Crime No.200 of 2022 of Pazhayannur Police Station. The defacto complainant got himself impleaded and seriously opposed the application for bail and submitted that he has suffered serious injuries in the said incident.
5. The learned Public Prosecutor opposed the application for bail and submitted that the offence under Section 354 was subsequently added, but also submitted that the petitioners have no other criminal antecedents. It is seen that an interim order was granted by this Court on 4.4.2022 whereby it was ordered that the petitioners shall not be arrested in connection with the above said crime and the above said interim order is still continuing.
6. Having regard to the facts and circumstances of the case, and considering the nature of the allegations against the petitioners, the bail application is allowed with the following directions. The petitioners shall surrender before the investigating officer on 15.07.2022. In the B.A. No. 2798 of 2022 5 event of arrest of the petitioners in Crime No.186 of 2022 of Pazhayannur Police Station, the petitioners shall be released on bail on the following conditions:
(i) The petitioners shall execute a bond for sum of Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court;
(ii) Petitioners shall appear before the investigating officer in Crime No.186/2022 of Pazhayannur Police Station as and when summoned to do so;
(iii) Petitioners shall co-operate with the investigation and make themselves available for interrogation whenever required;
(iv) Petitioners shall not tamper with any evidence;
(v) Petitioners shall not directly or indirectly make any inducement, threat or promise to any witness acquainted with the B.A. No. 2798 of 2022 6 facts of the case so as to dissuade them from disclosing such facts to the court or to any police officer;
(vi) Petitioners shall not involve in any other crime while on bail.
If any of the aforesaid conditions are violated, the Investigating Officer in Crime No.186/2022 of Pazhayannur Police Station, may file an application before this 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 any of the petitioners even when the petitioners are 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 pm