IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
BAIL APPL. NO. 2378 OF 2022
(CRIME NO.169 OF 2022 OF KASARAGOD POLICE STATION, KASARAGOD)
PETITIONERS/ACCUSED 2, 3 & 6:
1 RIJESH K.B, AGED 36 YEARS, SON OF K.J.BALAKRISHNAN,
RESIDING AT BABY BHAVAN, NEAR SCOUT BHAVAN, OLATHIRI
MOOLA,VIDYANAGAR P.O.,
KASARAGOD DISTRICT., PIN - 671121.
2 SUJESH K.B, AGED 33 YEARS, SON OF K.J.BALAKRISHNAN,
RESIDING AT BABY BHAVAN,NEAR SCOUT BHAVAN, OLATHIRI
MOOLA,VIDYANAGAR P.O.,
KASARAGOD DISTRICT ., PIN - 671121.
3 VINOD KUMAR C.P., AGED 35 YEARS
SON OF PURUSHOTHAMAN, RESIDING AT OLATHIRI MOOLA,
VIDYANAGAR P.O., KASARAGOD DISTRICT., PIN - 671121.
BY ADVS.
T.MADHU
C.R.SARADAMANI
SHAHID AZEEZ
RENJISH S. MENON
RESPONDENTS/STATE:
1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH
COURT OF KERALA, ERNAKULAM., PIN - 682031.
2 THE STATION HOUSE OFFICER, KASARAGOD POLICE STATION,
KASARAGOD DISTRICT, PIN - 671121.
OTHER PRESENT:
SR.PP - SMT. SEETHA S.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
07.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 2378 OF 2022
2
ORDER
This is an application for anticipatory bail.
2. Petitioners are arrayed as the accused Nos.2, 3 and 6 in Crime No.169 of 2022 of Kasaragod Police Station, alleging commission of offences punishable under Sections 143, 147, 148, 341, 323, 452, 324 r/w 34 of the Indian Penal Code.
3. The prosecution allegation is that on 03.02.2022 at 23.00 hours, A1 to A6 formed themselves into an unlawful assembly and committed rioting armed with deadly weapons, wrongfully restrained the defacto complainant after committing house trespass and caused hurt to the defacto complainant and his son in prosecution of them common object and thereby committed the aforesaid offences.
4. It is submitted that including the petitioners they were altogether six accused and though the petitioners along with the other accused moved an application for anticipatory BAIL APPL. NO. 2378 OF 2022 3 bail before the Sessions Court, Kasaragod, the bail application in respect of the petitioners herein was dismissed but accused Nos.1, 4 and 5 were granted anticipatory bail as per Annexure-A1 order.
5. Learned Public Prosecutor upon instructions submitted that the alleged incident happened in connection with the dispute over a pathway and that the injuries sustained by the defacto complainant are not so serious and further that the petitioners have no other criminal antecedents.
6. Having regard to the facts and circumstances of the case and considering the fact that, accused Nos.1, 4 and 5 were granted anticipatory bail by the Sessions Court, Kasaragod, I am inclined to grant anticipatory bail to the petitioners subject to stringent conditions. In the result, the bail application is allowed. It is directed that the petitioners shall be released on bail in the event of arrest in Crime BAIL APPL. NO. 2378 OF 2022 4 No.169 of 2022 of Kasaragod Police Station, subject to the following conditions:
(i) The petitioners shall execute a bond for a 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.169 of 2022 of Kasaragod Police Station, on every Saturday at 11 am, until filing of final report;
(iii) The petitioners shall not attempt to interfere with the investigation or to influence or intimidate the defacto complainant or any witness in Crime No.169 of 2022 of Kasaragod Police Station,
(iv) The 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.169 of 2022 of Kasaragod 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 BAIL APPL. NO. 2378 OF 2022 5 police to investigate the matter and if necessary to effect recoveries on the information if any given by 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 R.AV