IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 27TH DAY OF JULY 2022 / 5TH SRAVANA, 1944
BAIL APPL. NO. 5556 OF 2022
CRIME NO.790/2022 OF Pampady Police Station, Kottayam
PETITIONER/ACCUSED :
1 ROJIN ROJO,AGED 24 YEARS, S/O.ROJO ABRAHAM
MADAYANKAL HOUSE
ANICKADU EAST P.O, PALLICKATHODU
KOTTAYAM - 686503
2 PRAVEEN MOHANAN,AGED 26 YEARS,S/O.P.K.MOHANAN
PUTHENPARAMBIL HOUSE
RUBBER BOARD P.O, PUTHUPPALLY P.O
KOTTAYAM, PIN - 686009
3 JINU JOHN,AGED 29 YEARS, S/O.JOHN P.P.
VALAYIL HOUSE
PUTHUPPALLY P.O, KOTTAYAM, PIN - 686009
4 SARATH KUMAR T,AGED 28 YEARS
VADUTHALAKARAYILL HOUSE
ANICKADU P.O, PALLICKATHODU
KOTTAYAM, PIN - 686503
5 ANANDHU RAJU, aged 26 years, S/O.P.G.RAJU,
PARAPPALLIKKUNNEL HOUSE
ARUVIKUZHY P.O, PALLICKATHODU P.O
KOTTAYAM, PIN - 686503
BY ADVS.
K.S.ARUN KUMAR
RAJEE P MATHEWS
AMRUTHA P S
AMRUTHA K P
VIJAY SANKAR V.H.
SRUTHY UNNIKRISHNAN
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM - 682031
BY SR. PUBLIC PROSECUTOR SMT.SEETHA S.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27.07.2022, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BA No.5556 of 2022 2
VIJU ABRAHAM, J.
.................................................................
B.A.No.5556 of 2022
.................................................................
Dated this the 27th day of July, 2022
ORDER
This is an application for anticipatory bail.
2. 1. Petitioners are arrayed as accused Nos.1 to 5 in Crime No.790 of 2022 of Pampady Police Station, Kottayam District registered alleging commission of offences punishable under Sections 143, 147. 148, 294(b), 452, 427, 324 and 506(i) read with Section 149 of Indian Penal Code and Section 3 read with Section 5 of the Kerala Prevention of Damage to Private Property and Payment of Compensation Act, 2019.
3. The prosecution case is that on 24 05 2022 at about 02.00 a.m., the petitioners have formed an unlawful assembly, in front of the residence of the defacto complainant, then the petitioners have trespassed in to the house. The 1st accused had assaulted the defacto complainant using a hockey stick and when the friends of the defacto complainant interfered, they also were attacked by the petitioners. The petitioners were destroyed window panes of the residence of the defacto complainant causing loss to the tune of Rs.1,500/- to the defacto complainant. Thus, the accused have allegedly committed the abovesaid offences.
BA No.5556 of 2022 3
4. Petitioners submits that they have been falsely implicated in the abovesaid crime and that they have no other criminal antecedents.
5. Learned Public Prosecutor upon instructions submitted that the alleged incident has happened as a continuation of the disputes between two groups in a college regarding placing of posters, etc. It is further submitted upon instructions that the petitioners have no other criminal antecedents.
Considering the facts and circumstances of the case and the fact that the petitioners have no other criminal antecedents, I feel that the petitioners are entitled for bail but on stringent conditions. Therefore, the bail application is disposed of with the following directions. The petitioners shall surrender before the investigating officer on 04.08.2022 and co-operate with the investigation. In the event of arrest of the petitioners in connection with Crime No.790 of 2022 of Pampady Police Station, Kottayam, they shall be produced before the jurisdictional Magistrate and shall be released on bail on the following conditions:
(i) The petitioners shall execute a bond for 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) They shall co-operate with the investigation and make themselves available for interrogation whenever required;
(iii) They shall not tamper with any evidence; BA No.5556 of 2022 4
(iv) They 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 them from disclosing such facts to the court or to any police officer;
(v) They shall not involve in any other crime while on bail.
(vi) They shall make a deposit of Rs.750/- (Rupees seven hundred and fifty only) or furnish bank guarantee for the said amount as mandated as per Section 8 of the Damage to Private Property and Payment of Compensation Act, 2019, before the jurisdictional court.
If any of the aforesaid conditions are violated, the Investigating Officer in Crime No.790 of 2022 of Pampady Police Station, Kottayam may file an application before 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 cks BA No.5556 of 2022 5 APPENDIX OF BAIL APPL. 5556/2022 PETITIONER ANNEXURES Annexure-I A TRUE COPY OF THE ORDER DATED 22.06.2022 IN CRL.M.P NO.1284/2022 OF HON'BLE SESSIONS COURT, KOTTAYAM