Kerala High Court
Jithin Mohan M vs State Of Kerala on 10 August, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 10TH DAY OF AUGUST 2022 / 19TH SRAVANA, 1944
BAIL APPL. NO. 5584 OF 2022
(Crime No.145/2022 of Thrithala Police Station, Palakkad District)
PETITIONER/S:
JITHIN MOHAN M, AGED 26 YEARS
S/O MOHANAN, AGED 26,
MENAKATHU HOUSE, ERIKKAMANNA,
PONNANI, MALAPURAM DISTRICT, PIN - 679577.
BY ADVS.
T.V.SREEJITH
T.K.NAVAS
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031.
2 SUB INSPECTOR OF POLICE
THRITHALA POLICE STATION,
PALAKKAD DISTRICT, PIN - 679534.
PP SR.M.C.ASHI
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
10.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 5584 OF 2022
2
VIJU ABRAHAM, J
BA No. 5584 of 2022
th
Dated this the 10 day of August, 2022
O R D E R
This is an application for anticipatory bail.
2. The petitioner is the second accused in Crime
No.145/2022 of Thrithala Police Station, Palakkad District
alleging commission of offences punishable under Sections
447, 341, 326 and 34 of the Indian Penal Code.
3. The allegation in the aforesaid crime is that owing to
the animosity arisen due to the defacto complainant requiring
st
the 1 accused in the aforesaid crime to pay the amount due
on the mobile phone sold by the defacto complainant to him,
st
the 1 accused herein along with 3 other persons trespassed
into the house of the defacto complainant and assaulted him
with iron rod resulting injuries to the defacto complainant
including nasal bone fracture and thereby the accused
committed the aforesaid offences.
4. The learned counsel for the petitioner submitted that
the petitioner has been falsely implicated in the aforesaid crime
BAIL APPL. NO. 5584 OF 2022
and absolutely he has no role in the commission of alleged
offence and further that the first accused is already granted
bail by this court in BA No.2701/2022.
5. The learned Public Prosecutor upon instructions
submitted that the petitioner is arrayed as the second accused
and further that the serious overt act is alleged against the
first accused and the petitioner also was with the first accused
at the time of alleged incident and they questioned the defacto
complainant. Learned Public Prosecutor further submitted that
the petitioner has no other criminal antecedents.
6. Considering the facts and circumstances of the case
and the nature of the allegations and taking into consideration
that the serious overtact is alleged against the first accused and
he is already granted anticipatory bail and the petitioner has no
other criminal antecedents, I am inclined to grant anticipatory
bail to the petitioner. In the result, this application is allowed.
Petitioner shall surrender before the investigating officer in
Crime No.145/2022 of Thrithala Police Station, Palakkad District
on 19.08.2022 at 11 am for interrogation. It is directed that in
the event of arrest of the petitioner in Crime No.145/2022 of
BAIL APPL. NO. 5584 OF 2022
Thrithala Police Station, Palakkad District he shall be produced
before the Jurisdictional Magistrate's Court and he shall be
released on bail subject to the following conditions:-
(i) The petitioner shall execute a bond for a
sum of Rs.50,000/- (Rupees fifty thousand
only) with two solvent sureties each for the
likesum to the satisfaction of the Jurisdictional
Court,
(ii) Petitioner shall appear before the
investigating officer in Crime No.145/2022 of
Thrittala Police Station, Palakkad District, on
every Saturday at 11.00 A.M till filing of the
charge sheet.
(iii) The petitioner shall not attempt to
influence the defacto complainant or interfere
with the investigation or to influence or
intimidate any witness in Crime No.145/2022
of Thrithala Police Station, Palakkad District
(iv) The petitioner shall not enter the local
limits of Thrittala Police Station Palakkad
BAIL APPL. NO. 5584 OF 2022
Dstrict for a period of 3 months, except for
the purpose of complying with condition No.
(ii) above;
(v) The petitioner shall not involve in any
other crime while on bail.
If any of the aforesaid conditions are violated, the
investigating officer in Crime No.145/2022 of Thrithala Police
Station, Palakkad District 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 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
R.AV
