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. 2924 OF 2022
PETITIONER/ACCUSED NO.2:
BIJU C. CHUMMAR, AGED 47 YEARS,
S/O CHUMMAR, CHITILAPPALLY HOUSE,
KARIKKAD DESOM, KARIKKAD P.O., KADAVALLUR VILLAGE,
THRISSUR DISTRICT, PIN - 680519
BY ADVS.
ANAND KALYANAKRISHNAN
C.DHEERAJ RAJAN
RESPONDENT/STATE:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
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. 2924 of 2022 2
VIJU ABRAHAM, J.
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B.A. No. 2924 of 2022
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Dated this the 6th day of July, 2022
ORDER
This is an application for anticipatory bail.
2. Petitioner is the accused in Crime No.473 of 2022 of Kunnamkulam Police Station, registered alleging commission of offences punishable under Sections 341, 323, 324, 308 r/w 34 IPC.
3. The prosecution allegation is that on 03.04.2022, at about 10.30 pm, the 1st accused caused disturbance to the persons who came to Vidya Bar for consuming alcohol which was stopped by the staffs therein and in the result, a scuffle occurred. It is further alleged that the 1st accused swayed a knife over the owner of the bar namely Govindankutty @ Mani and committed the above said offences. The 1st accused also swayed the knife towards the staff of the bar namely Baaji and Prajeesh. It is further B.A. No. 2924 of 2022 3 alleged by the prosecution that another identifiable person beat the persons with his hands causing injuries.
4. The petitioner submits that he has been falsely implicated in the above said crime. It is in fact the petitioner, who has attacked by the defacto complainant and that a crime was registered in respect of the incident as Crime No.474 of 2022 and in the said incident petitioners suffered fracture injuries, etc. The further case of the petitioner is that, the accused in the said crime as Crime No.474 of 2022 have already been granted anticipatory bail by this Court in B.A.No.3169 of 2022.
5. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
6. The learned Public Prosecutor opposed the application for bail submitted that the injuries are severe, but submitted that petitioner has no other criminal antecedents.
B.A. No. 2924 of 2022 4
7. Having regard to the facts and circumstances of the case, and considering the nature of the allegations against the petitioner, the bail application is allowed with the following directions. The petitioner shall surrender before the investigating officer on 16.07.2022. In the event of arrest of the petitioner in Crime No.473 of 2022 of Kunnamkulam Police Station, the petitioner shall 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) Petitioner shall appear before the investigating officer on all Mondays at 10 am, till final report is filed;
(iii) Petitioner shall co-operate with the investigation and make himself available B.A. No. 2924 of 2022 5 for interrogation whenever required;
(iv) Petitioner shall not tamper with any evidence;
(v) Petitioner shall not directly or indirectly make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer;
(vi) Petitioner shall not involve in any other crime while on bail;
(vii) Petitioner shall not leave India without permission of the jurisdictional court.
If any of the aforesaid conditions are violated, the Investigating Officer in Crime No.473/2022 of Kunnamkulam 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 B.A. No. 2924 of 2022 6 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 pm