Kerala High Court
Pavoor Dillep Kumar vs State Of Kerala Rpresented By The ... on 26 August, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 26TH DAY OF AUGUST 2022 / 4TH BHADRA, 1944
BAIL APPL. NO. 5200 OF 2022
AGAINST THE ORDER/JUDGMENTCRMC 845/2022 OF DISTRICT COURT & SESSIONS
COURT,THALASSERY
PETITIONER/ACCUSED NOS.1 & 2:
1 PAVOOR DILLEP KUMAR, AGED 46 YEARS
S/O. KRISHNAN.P, PAVOOR HOUSE, KOROM, CHALAKKODE P.O,
PAYYANUR, KANNUR DISTRICT, PIN - 670307
2 SURESH.K, AGED 47 YEARS
S/O. JANAKI, KATTOOR HOUSE, KOROME, CHALAKKODE P.O,
PAYYANUR, KANNUR DISTRICT, PIN - 670307
BY ADVS.
M.ANUROOP
LEKSHMI S.SEKHER
RESPONDENT/COMPLAINANT:
STATE OF KERALA RPRESENTED BY THE PUBLIC PROSECUTOR
HIGH COURT OF KERALA, PIN - 682031
OTHER PRESENT:
PP - SMT. NIMA JACOB
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
26.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A. No. 5200 of 2022 2
VIJU ABRAHAM, J.
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B.A. No. 5200 of 2022
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Dated this the 26th day of August, 2022
ORDER
Application for anticipatory bail.
2. Petitioners are the accused 1 & 2 in Crime
No.439 of 2022 of Payyanur Police Station,
registered alleging commission of offences
punishable under Sections 341, 294(b), 323, 325, 326
r/w S.34 IPC.
3. The prosecution allegations is that, on 07-06-
2022 at 2.30 pm near to Riya Masjid in Korom
Village, the accused, in furtherance of their common
intention, wrongfully restrained the defacto
complainant and beat on his face using their hands.
When the defacto complainant fell down to the
ground, the accused attacked and he has sustained
severe injuries in the alleged incident.
4. The petitioners submit that they have been
falsely implicated in the above said crime and they
have no other criminal antecedents.
5. Heard the learned counsel appearing for the
petitioners and the learned Public Prosecutor.
6. The learned Public Prosecutor upon
instructions submitted that the defacto complainant
sustained serious injuries in the alleged incident
and further submits that serious overt acts are
alleged against the 1st accused. The only allegation
against the 2nd petitioner is that he restrained the
defacto complainant. Learned Public Prosecutor
further submits that the petitioners have no other
criminal antecedents.
7. Having regard to the facts and circumstances
of the case, and nature of the allegations and
serious overt acts are alleged against the 1st
petitioner, I am not inclined to grant anticipatory
bail to the 1st petitioner, but I am inclined to
grant pre-arrest bail to the 2nd petitioner, but on
stringent conditions. The above bail application is
allowed in part with the following directions. The
2nd petitioner shall surrender before the
investigating officer on 31.08.2022 and make himself
available for interrogation on that day or on any
other day or days as directed by the investigating
officer. In the event of arrest of the 2nd
petitioner in Crime No.439 of 2022 of Payyanur
Police Station, he shall be produced before the
jurisdictional Magistrate on the same day and be
released on bail on the following conditions:
(i) The petitioner shall execute a bond for
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) The petitioner shall appear before the
investigating officer in Crime No.439/2022
of Payyanur Police Station as and when
summoned to do so;
(iii) The petitioner shall co-operate with
the investigation and make himself
available for interrogation whenever so
required;
(iv) The petitioner shall not tamper with
any evidence;
(v) The petitioner 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 him
from disclosing such facts to the court or
to any police officer;
(vi) 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.439/2022 of
Payyanur Police Station, 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).
The 1st petitioner shall surrender before the
investigating officer and shall co-operate with the
investigation. After interrogation, he shall be
produced before the Jurisdictional Magistrate on the
very same day. If an application for bail is moved
with prior notice to the Public Prosecutor, same
shall be considered by the learned Magistrate
without much delay. I am issuing this direction,
taking note of the fact that the 1 st petitioner has
no other criminal antecedents.
Sd/-
VIJU ABRAHAM,JUDGE
pm
