IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
THURSDAY, THE 9TH DAY OF JUNE 2022 / 19TH JYAISHTA, 1944
BAIL APPL. NO. 9005 OF 2021
CRIME NO. 788/2021 OF MANANTHAVADY POLICE STATION
AGAINST THE ORDER/JUDGMENT IN CRMC 609/2021 OF DISTRICT COURT
& SESIONS & MOTOR ACCIDENT CLAIMS TRIBUNAL ,KALPETTA
PETITIONER/S:
1 VISWANADH
AGED 27 YEARS
S/O SUKUMARAN,
VALSALLYAM,
THATTARUMBAKKAD,
AKATHETHARA POST,
PALAKKAD DISTRICT, PIN-678008.
2 MOHAMMED IBRAHIM
AGED 47 YEARS
S/O MOHAMMED ALI,
ALIF MANZIL, CHULLIMADA,
PUTHUSSERY VILLAGE,
KANJIKKODE P.O,
PALAKKAD DISTRICT-678621.
ADDL.3 SULFIKKAR A., S/O SUBAITHA C.A.,MANOLIPARAMBU,
VATTEKKUNNAM, NORTH EDAPPPALLY P.O.THRIKKAKARA
NORTH, ERNAKULAM-682024
(IMPLEADED AS ADDL.RESPONDENT NO.3 AS PER CRL.MA
NO.1/2022)
BY ADVS.K.NIRMALAN, V.JOHN MANI, T.R.KRISHNADAS
RESPONDENT/S:
1 THE SUB INSPECTOR OF POLICE,
MANANTHAVADY POLICE STATION, WAYANAD DISTRICT.
2 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM.
OTHER PRESENT:
PP - SRI. M.C.ASHI
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09.06.2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A. No.9005 of 2021 :2:
VIJU ABRAHAM, J.
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B.A. No.9005 of 2021
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Dated this the 9th day of June, 2022
ORDER
This is an application for anticipatory bail.
2. The petitioners are accused Nos. 2 and 3 in Crime No. 788/2021 of Mananthavady Police Station, alleging commission of offence punishable under Sections 323, 324, 363, 326, 379, 506 r/w 34 of Indian Penal Code.
3. The prosecution allegation is that, on 11.01.2021 in Mananthavady amsom at Santhinagar, accused Nos. 1 to 11 including petitioners, called the defacto complainant intimating him that they wanted to discus some business dealings with him and inside a building, they wrongfully restrained the defacto complainant, demanded an amount of 80,00,000 (Rupees Eighty lakhs only) from him, beat him with hands and a hammer on his head and thereafter, took him to Palakkad hurling a threat that they would do away with him and they also made the defacto complainant sign cheques and stamp papers and committed theft of a sum of 1,36,000/- (Rupees One lakh and thirty six thousand B.A. No.9005 of 2021 :3: only) from the possession of the defacto complainant. At last, the petitioners and others dropped the defacto complainant at Coimbatore Railway Station on 12.01.2021 at night.
4 .The learned counsel for the petitioner submitted that the petitioner moved an application before the Sessions Court, Kalpetta, which was dismissed as per Annexure A4 order. He also submitted that all other accused except the petitioner have surrendered and released on bail. The petitioner further submitted that he is ready to surrender before the Investigating Officer and seek bail.
5. The learned Public Prosecutor seriously opposed the bail application mainly contending that the allegations against the petitioners are very serious in nature and the defacto complainant sustained serious injuries in the said incident including "fracture anterior aspect of left petrous temporal bone with haemosinus of mastoid".
6. The defacto complainant got himself impleaded in this bail application and he also seriously opposed the application for bail.
7. Having regard to the facts and circumstances of the case, and in view of the serious nature of injuries sustained to the B.A. No.9005 of 2021 :4: defacto complainant, I am not inclined to grant bail to the petitioner.
At this time, the learned counsel for the petitioner submitted that he will surrender before the Investigating Officer and seek bail. Recording the said submission, the bail application is closed.
Sd/-
VIJU ABRAHAM JUDGE sm/ B.A. No.9005 of 2021 :5: APPENDIX OF BAIL APPL. 9005/2021 PETITIONER ANNEXURES Annexure 1 COPY OF THE AGREEMENT BETWEEN DEFACTO COMPLAINANT & PETITIONER DATED 15.01.2021 ANNEXURE II COPY OF COMPLAINT FILED BY THE PETITIONERS BEFORE THE HONOURABLE CHIEF MINISTER ANNEXURE III COPY OF THE ORDER IN B.A.6208/2021 DATED 08.10.2021 ANNEXURE IV COPY OF THE ORDER DATED CRL.MC NO.609/2021 DATED 27.10.2021