Kerala High Court
Sudheer vs State Of Kerala on 2 December, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 2ND DAY OF DECEMBER 2022 / 11TH AGRAHAYANA, 1944
BAIL APPL. NO. 8824 OF 2022
CRIME NO.528/2022 OF VARANTHARAPPILLY POLICESTATION, THRISSUR
PETITIONERS/ACCUSED NOS.1 TO 3:
1 SUDHEER,AGED 42,S/O.IBRAHIM, EDATHIL HOUSE,
PALAPPILLY P.O., VARANDARAPPILLY VILLAGE
CHALAKUDY TALUK, THRISSUR DISTRICT, PIN - 680303
2 MUJEEB,AGED 44,S/O.MUHAMMED, CHUNDEKKATTIL HOUSE,
PALAPPILLY P.O., VARANDARAPPILLY VILLAGE
CHALAKUDY TALUK, THRISSUR DISTRICT, PIN - 680303
3 ANEESH,AGED 37,S/O.MUHAMMED, CHUNDEKKATTIL HOUSE,
PALAPPILLY P.O., VARANDARAPPILLY VILLAGE
CHALAKUDY TALUK, THRISSUR DISTRICT, PIN - 680303
BY ADV N.L.BITTO
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REP. BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,ERNAKULAM
OTHER PRESENT:
PP - SRI.M.C.ASHI
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
02.12.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
BA No.8824 of 2022 2
VIJU ABRAHAM, J.
.................................................................
B.A. No.8824 of 2022
.................................................................
Dated this the 2nd day of December, 2022
ORDER
Application for anticipatory bail.
2. Petitioners are accused Nos.1 to 3 in Crime No.528 of
2022 of Varantharappilly Police Station, Thrissur registered alleging
commission of offences punishable under Sections 341, 294(b), 506,
323, 324 and 34 of the Indian Penal Code.
3. The prosecution allegation is that on 17.09.2022 at about
4.10 p.m. the petitioners requested the defacto complainant to come
out from an auto stand at Palappilly, wrongfully restrained him,
attacked him by stick and iron rod causing fracture to his hand. Thus
the accused have committed the abovesaid offences.
4. Petitioners submit that they have been falsely implicated
in the abovesaid crime. Petitioners submit that earlier a crime was
registered as Crime No.527 of 2022 by Varantharappilly Police based
on a complaint filed by the sister of accused Nos.2 and 3 against the
defacto complainant, who is her former husband. Thereafter on the
very same day the present crime has been registered against the
petitioners. Petitioners further submit that they have no other criminal
antecedents.
5. Learned Public Prosecutor seriously opposed the
application for bail mainly contending that the defacto complainant was
attacked by the petitioners herein and he sustained serious injuries
including fracture of the hand. Learned Public Prosecutor upon
instructions submitted that the petitioners have no other criminal
antecedents.
6. It is seen that the allegations in Crime No.527 of 2022 is
that the former husband of the sister of accused Nos.2 and 3, who is
the defacto complainant in the present case has torturing her
physically and mentally and thereafter their marriage ended in divorce.
Even thereafter he has been continuously interfering with the affairs of
the sister of accused Nos.2 and 3 and harassing her and that on
17.09.2022 the defacto complainant in the present crime attacked the
petitioners herein and they sustained injuries and that they were
treated at Puthukkad Taluk Hospital and Thrissur District Hospital. To
which the learned Public Prosecutor submitted that it is only their sister
who had filed a complaint and the petitioner who claimed to have been
injured in the said incident have not preferred any complaint.
Considering the facts and circumstances of the case and
also taking into consideration the fact that the petitioners have no
other criminal antecedents, I am inclined to grant anticipatory bail to
the petitioners. In the result, the application is allowed. The petitioners
shall surrender before the Investigating Officer in Crime No.528 of
2022 of Varantharappilly Police Station, Thrissur on 10.12.2022 at
11.00 a.m. and shall make themselves available for interrogation on
that day or on any other day/days and time as directed by the
investigating officer. The petitioners shall co-operate with the
investigation. In the event of the arrest of the petitioners in Crime
No.528 of 2022 of Varantharappilly Police Station, Thrissur, they shall
be produced before the jurisdictional court on the very same day and
shall be released on bail subject to the following conditions.
(i) The petitioners shall execute a bond for a sum of 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 in Crime
No.528 of 2022 of Varantharappilly Police Station, Thrissur as
when required.
(iii) They shall not attempt to influence the defacto complainant
or interfere with the investigation or to influence or intimidate
any witness in Crime No.528 of 2022 of Varantharappilly Police
Station, Thrissur.
(iv) They shall not involve in any other crime while on bail.
If any of the aforesaid conditions are violated, the
investigating officer in Crime No.528 of 2022 of Varantharappilly Police
Station, Thrissur 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
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