Sirosh.C vs State Of Kerala
2022 Latest Caselaw 9515 Ker

Citation : 2022 Latest Caselaw 9515 Ker
Judgement Date : 25 August, 2022

Kerala High Court

Sirosh.C vs State Of Kerala on 25 August, 2022

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
         THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
THURSDAY, THE 25TH DAY OF AUGUST 2022 / 3RD BHADRA, 1944
                 BAIL APPL. NO. 6236 OF 2022
  AGAINST THE ORDER/JUDGMENTCRMC 1009/2022 OF DISTRICT
              COURT & SESSIONS COURT,THALASSERY
PETITIONER/5th ACCUSED:

         SIROSH.C
         S/O.VASU, AGED 27 YEARS, CHAMOLLATHIL HOUSE,
         VILAKKOTTOOR, THRIPPANGOTTUR, KANNUR DISTRICT.,
         PIN - 670693
         BY ADVS.
         K.ABOOBACKER SIDHEEQUE
         R.MAHESH VARMA


RESPONDENT:

         STATE OF KERALA
         REPRESENTED BY ITS PUBLIC PROSECUTOR,
         HIGH COURT OF KERALA, ERNAKULAM., PIN - 682031

         BY ADV
         SR.PP - SMT. SEETHA S.


     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 25.08.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 B.A. No.6236 of 2022

                                  .. 2 ..




                    VIJU ABRAHAM, J.
          ====================
                  B.A. No.6236 of 2022
          ====================
           Dated this the 25th day of August, 2022

                                ORDER

This is an application for Anticipatory Bail.

2. The petitioner is the 5 th accused in Crime No.355/2022

of Kolavallur Police Station, Kannur alleging commission of

offences punishable under Sections 143, 147, 148, 341, 323, 324,

and 308 r/w Section 149 of the IPC.

3. The prosecution case is that, on 20.07.2022 at 18.10

hours, near to the shop of one Surendran the accused formed

themselves into an unlawful assembly, committed rioting armed

with deadly weapons and in prosecution of their common object,

wrongfully restrained the de facto complainant and beat on his

head using an iron rod with the knowledge and intention that, if

death was caused by their act, they would be guilty of culpable

homicide not amounting to murder. Hence, the accused are

alleged to have committed the aforementioned offences.

4. The learned counsel for the petitioner submitted that

the petitioner has been falsely implicated in the above said crime. B.A. No. 6236 of 2022 .. 3 ..

It is further submitted that the petitioner has no acquaintance

with the de facto complainant and has no enmity with the de facto

complainant as alleged by the prosecution. In the FI Statement

the only allegation against the petitioner is that he has fisted the

de facto complainant. It is further contended that the allegation

of hitting the de facto complainant with the brick was added and

further submitted that the petitioner has no other criminal

antecedents.

5. The learned Public Prosecutor, upon instruction,

submitted that the de facto complainant sustained serious injuries

in the alleged incident but submitted that the petitioner has no

other criminal antecedents. It is further submitted that accused

Nos.1 to 3 are already released on regular bail by the trial court.

6. Having regard to the facts and circumstances of the

case and considering the nature of the allegations and taking into

the fact that the petitioner has no other criminal antecedents,

I am inclined to grant bail to the petitioner but on stringent

conditions. In the result, this application is allowed. It is directed

that the petitioner shall surrender before the investigating officer

on 31.08.2022, at 11 a.m. and shall make himself available for B.A. No. 6236 of 2022 .. 4 ..

interrogation on that day or any other day/days as directed by the

investigating officer, in the event of arrest of the petitioner in

Crime No.355/2022 of Kolavallur Police Station, Kannur, the

petitioner shall be produced before the jurisdictional magistrate on

the same day and shall be released on bail, subject to the

following conditions:-

(i) Petitioner shall execute bond for a sum of

Rs.50,000/- (Rupees fifty thousand only) with

two solvent sureties each for the like-sum to the

satisfaction of the jurisdictional court ;

(ii) Petitioner shall appear before the

investigating officer in Crime No.355/2022 of

Kolavallur Police Station, Kannur as and when

summoned to do so;

(iii) Petitioner shall not attempt to interfere with

the investigation or to influence or intimidate any

witness in Crime No.355/2022 of Kolavallur

Police Station, Kannur ;