Savanth vs State Of Kerala
2022 Latest Caselaw 11337 Ker

Citation : 2022 Latest Caselaw 11337 Ker
Judgement Date : 2 December, 2022

Kerala High Court

Savanth 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. 6117 OF 2021

PETITIONERS/ACCUSED:

     1      SAVANTH
            AGED 27 YEARS
            S/O. UDAYAKUMAR.O., 'SAVANTHARAM", LLANAJIKKODU,
            IRUMPANANGADU.P.O., EZHUKONE, KOLLAM-691 505

     2      NANDHU @ SANJAY S.KUMAR,
            AGED 18 YEARS, S/O. UDAYAKUMAR.O., 'SAVANTHARAM", LLANAJIKKODU,
            IRUMPANANGADU.P.O., EZHUKONE, KOLLAM-691 505

     3      AJAYAN @ UDAYAKUMAR .O.,
            AGED 57 YEARS
            'SAVANTHARAM", LLANAJIKKODU, IRUMPANANGADU.P.O., EZHUKONE,
            KOLLAM-691 505

            BY ADV JOMY K. JOSE


RESPONDENTS/STATE:

     1      STATE OF KERALA
            REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT
            ERNAKULAM-682 031

     2      THE STATION HOUSE OFFICER,
            ( CRIME NO.776 OF 2021 OF EZHUKONE POLICE STATION) KOLLAM-601
            5051

     3      ADDL.R3. SOMASEKHARAN PILLAI
            KAKKAKOTTOOR, ELIYODE, EZHUKONE P.O, KOLLAM-691505. IS IMPLEADED
            AS PER ORDER DATED 11/1/2022 IN CRL.M.A.NO.1/2022.


OTHER PRESENT:

            PP:Seetha S


     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02.12.2022, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 B.A. No.6117 of 2021                        2

                VIJU ABRAHAM, J.
              -------------------
              B.A. No.6117 of 2021
           --------------------------
    Dated this the 2nd day of December, 2022

                              ORDER

Application for anticipatory bail.

2. Petitioners are accused Nos.1 to 3 in Crime

No.776 of 2021 of Ezhukone Police Station,

registered alleging commission of offences

punishable under Sections 294(b), 324 r/w Section 34

of IPC.

3. The prosecution allegation is that, due to

previous enmity the petitioners attacked the defacto

complainant and he sustained injuries.

4. The petitioners submit that they have been

falsely implicated in the above said crime.

Petitioners further submit that petitioners 1 & 2

are students and the 3rd petitioner is the father of

petitioners 1 & 2, and he retired as a Havildar from

the Indian Army.

5. When the matter came up for consideration in

2021, this Court has passed an order that the

petitioners shall not be arrested.

6. Heard the learned counsel for the petitioner

and the learned Public Prosecutor.

7. The learned Public Prosecutor upon

instructions submitted that the defacto complainant

sustained serious injuries in the alleged incident

and the petitioners have an active role in the

commission of the offence, but submitted that the

petitioners have no other criminal antecedents.

Learned Public Prosecutor further submitted that

the investigation is practically over.

Having regard to the facts and circumstances of

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

opinion that custodial interrogation may not be

required for the purpose of investigation and only a

limited custody is required for the same. I am

inclined to grant anticipatory bail to the

petitioners, but on stringent conditions. The above

bail application is allowed with the following

directions. The petitioners shall surrender before

the investigating officer on 09.12.2022 and 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

arrest of the petitioner in Crime No.776 of 2021 of

Ezhukone Police Station, they shall be produced

before the jurisdictional Magistrate on the same day

and be released on bail on the following conditions:

(i) The petitioners shall execute a bond for 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) The petitioners shall appear before the investigating officer in Crime No.776/2021 of Ezhukone Police Station, as and when required;

(iii) The petitioners shall co-operate with the investigation and make himself available for interrogation whenever so required;

(iv) The petitioners shall not tamper with any evidence;

(v) The petitioners shall not directly or indirectly make any inducement, threat or promise to any witness acquainted them from disclosing such facts to the court or to any police officer;