IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 17TH DAY OF JUNE 2022 / 27TH JYAISHTA, 1944
BAIL APPL. NO. 3729 OF 2022
CRIME NO.340/2022 OF Perumpetty Police Station, Pathanamthitta
PETITIONERS/accused 2 to 5:
1 NISHAD O. A
AGED 32 YEARS
S/O O. S. ABDUL RAHIMAN, CHOORAKKUTTITHADATHIL,
KULATHOOR P.O, VAIPUR, PATHANAMTHITTA - 689588
2 JUBIN M. R
AGED 33 YEARS
S/O RAJU, MURUTHALAPOOVAM (H), KULATHOOR P.O, VAIPUR,
PATHANAMTHITTA - 689588
3 SABU @ PRASAD N.K
AGED 40 YEARS
S/O KUTTY, NEDUMPALA (H), KULATHOOR P.O, VAIPUR,
PATHANAMTHITTA - 689588
4 SATHEESH KUMAR. K
AGED 44 YEARS
S/O KUNJUNJUKUTTY, NEDUMPALA (H), KULATHOOR P.O, VAIPUR,
PATHANAMTHITTA - 689588
BY ADVS.
V.S.CHANDRASEKHARAN
LEKSHMI SWAMINATHAN
M.V.DAS
S.JAYAKUMAR
C.A.SABITHA
SAJNA T.UMMER
RESPONDENT/COMPLAINANT:
STATE OF KERALA REPRESENTED BY THE STATION HOUSE OFFICE,
PERUMPETTY POLICE STATION, (THROUGH THE PUBLIC
PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM)
BY SR.PUBLIC PROSECUTOR SRI M.C.ASHI
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17.06.2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BA No.3729 of 2022 2
VIJU ABRAHAM, J.
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B.A. No.3729 of 2022
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Dated this the 17th day of June, 2022
ORDER
This is an application for anticipatory bail.
2. Petitioners are accused 2 to 5 in Crime No.340 of 2022 of Perumpetty Police Station, Pathanamthitta alleging commission of offences punishable under Sections 143, 147, 148, 447, 294(b), 324 and 326 read with Section 149 of the Indian Penal Code. The allegation against the petitioners is that in furtherance of their common object they formed themselves into an unlawful assembly and attacked the defacto complainant with a stick and thereby the defacto complainant sustained fracture below his right knee. Thus the petitioners committed the offences alleged.
3. The case of the petitioners is that they have been falsely implicated in the abovesaid crime. The defacto complainant is one having serious criminal background and addicted to ganja and is causing serious disturbances to the local people especially to women, and the women in the locality have preferred Annexure-A2 complaint against him. Further complaints were also submitted by the people of the locality as is evident from Annexure-A3. The petitioners further submitted that the defacto BA No.3729 of 2022 3 complainant sustained injury due to a fall and not as a result of any overt act as alleged by the prosecution.
4. Heard the learned counsel for the petitioners and the learned Public Prosecutor.
Taking into consideration the facts and circumstances of the case and the nature of the allegations, I am inclined to grant anticipatory bail to the petitioners on conditions. In the result, the bail application is allowed. It is directed that the petitioners shall be released on bail in the event of their arrest in Crime No.340 of 2022 of Perumpetty Police Station, Pathanamthitta subject to the following conditions:
(i) 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 appear before the investigating officer on 22nd, 23rd and 24th of June, 2022 for interrogation and thereafter as and when required by the investigating officer.
(iii) They shall co-operate with the investigation and shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer.
(iv) They shall not involve in any other crime while on bail.
If any of the aforesaid conditions are violated, the investigating BA No.3729 of 2022 4 officer may file an application before the 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 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 cks BA No.3729 of 2022 5 APPENDIX OF BAIL APPL. 3729/2022 PETITIONER ANNEXURES Annexure1 A TRUE COPY OF THE FIR IN CRIME NO. 340/2022 OF PERUMPETTY POLICE STATION Annexure2 A TRUE COPY OF THE COMPLAINT LODGED BY THE KUDUMBASHREE WOMENS IN WARD 11 Annexure3 A TRUE COPY OF THE COMPLAINT LODGED BY MR.
SABU, KOTTANGAL CONGRESS AREA PRESIDENT BEFORE THE DISTRICT POLICE CHIEF, PATHANAMTHITTA