Sajiraj vs State Of Kerala
2022 Latest Caselaw 9752 Ker

Citation : 2022 Latest Caselaw 9752 Ker
Judgement Date : 26 August, 2022

Kerala High Court

Sajiraj vs State Of Kerala 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. 5072 OF 2022
PETITIONER/ACCUSED:

            SAJIRAJ, AGED 47 YEARS
            CHERUMANNOORTHOTTAM, KARICHIYIL, ATTINGAL P.O.,
            THIRUVANANTHAPURAM, PIN - 695101

            BY ADV M.S.AMAL DHARSAN



RESPONDENT/STATE:

     1      STATE OF KERALA
            REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
            KERALA, ERNAKULAM, PIN - 682031

     2      THE STATION HOUSE OFFICER,
            ATTINGAL POLICE STATION, ATTINGAL P.O, THIRUVANATHAPURAM,
            PIN - 695101


OTHER PRESENT:

            PP - SRI. M.C.ASHI


     THIS   BAIL     APPLICATION   HAVING    COME   UP   FOR   ADMISSION   ON
26.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 B.A. No. 5072 of 2022                2

                  VIJU ABRAHAM, J.
                -------------------
               B.A. No. 5072 of 2022
         ----------------------------------
      Dated this the 26th day of August, 2022
                                   ORDER

Application for anticipatory bail.

2. Petitioner is the sole accused in Crime No.692

of 2022 of Attingal Police Station,

Thiruvananthapuram District registered alleging

commission of offences punishable under Sections

341, 294(b),323 and 326 of the Indian Penal Code.

3. The prosecution allegation is that, on

06/06/2022 at about 3:30pm, the accused out of

animosity towards the de-facto complainant,

wrongfully restrained the de-facto complainant who

was riding a motorcycle, uttered obscene words at

him and beat him on his back and right part of chest

resulting in fracture of the ribs, and thereby

committed the above said offences.

4. The petitioner submits that he has been

falsely implicated in the above said crime. The

defacto complainant is the husband of the

petitioner's sister and he is a habitual offender

involved in several other criminal cases. There is a

property dispute between the petitioner and the

defacto complainant. On an earlier occasion also,

the defacto complainant attempted to attack the

mother of the petitioner, thereupon, Annexures-II &

III complaints were preferred before the Attingal

Police regarding the same. Petitioner submits that

he is a member of the Armed Force. On the alleged

day the defacto complainant attempted to attack the

mother of the petitioner and a scuffle occurred and

injury if any, is sustained in connection with the

said alleged incident.

5. Heard the learned counsel appearing for the

petitioner and the learned Public Prosecutor.

6. The learned Public Prosecutor seriously opposed

the application for bail mainly contending that

serious injuries were sustained by the defacto

complainant and further that there are eye witnesses

to the alleged incident also. Learned Public

Prosecutor further submits that the petitioner has

no other criminal antecedents.

7. When the matter was came up for consideration

in the earlier occasion, this Court has passed an

order 'not to arrest the petitioner', and the said

order is still in force. Counsel for the petitioner

submits that the investigation is practically over

and custodial interrogation is not required.

8. Having regard to the facts and circumstances

of the case, and nature of the allegations, I am

inclined to grant pre-arrest bail to the petitioner,

but on stringent conditions. The above bail

application is allowed with the following

directions. The 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

petitioner in Crime No.692 of 2022 of Attingal

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.692/2022 of Attingal 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;