Kerala High Court
Dileep K.P vs State Of Kerala on 20 December, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
TUESDAY, THE 20TH DAY OF DECEMBER 2022 / 29TH AGRAHAYANA, 1944
BAIL APPL. NO.9318 OF 2022
CRIME NO.658/2022 OF KUDIYANMALA POLICE STATION, KANNUR
PETITIONERS/ACCUSED NOS.1 TO 8:
1 DILEEP K.P, AGED 48 YEARS, S/O KUNHIRAMAN,
KUTTIPRAVAN HOUSE, POOPARAMBU, POOPARAMBU P.O.,
KANNUR-, PIN - 670632
2 M.S. BINU, AGED 45 YEARS, S/O SUKUMARAN, MANGALATH
HOUSE, CHALEEMPARAMBU, NELLIKUTTI P.O, KANNUR,
PIN - 670632
3 RATHEESH BABU K.V, AGED 44 YEARS, S/O PADHMANABHAN,
KARANAMKOTTATH HOUSE, MOOYIPRA P.O., KANNUR,
PIN 670632
4 RAJAN K.V, AGED 45 YEARS, S/O KRISHNAN, KUTTIYATTU
VEETIL, ERUVASSERI, ERUVASSERI P.O., KANNUR,
PIN - 670632
5 JOEL THOMAS, AGED 23 YEARS, S/O THOMAS, PERAKKATTU
POTHIYIL, CHEMBERI, CHEMBERI P.O, KANNUR,
PIN 670632
6 AJAYMON, AGED 47 YEARS, S/O SURENDRAN, KANNOTTU
POYKAYIL, CHALEEMPARAMBU, NELLIKUTTI P.O., KANNUR,
PIN - 670632
7 VISHAK, AGED 24 YEARS, S/O VISWANADHAN,
MUZHUVANCHERI, POOPARAMBU, POOPARAMBU P.O., KANNUR,
PIN - 670632
8 JIOJITH, AGED 37 YEARS, MANGAKUZHIKKAL HOUSE,
VEMBUVA, POOPARAMBU P.O, PIN - 670632
BY ADVS.
NANDAGOPAL S.KURUP
ABHIRAM T.K.
RESPONDENT:
STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
BY ADV
PP - NIMA JACOB
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
20.12.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
BA No.9318 of 2022
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VIJU ABRAHAM, J.
====================
B.A. No.9318 of 2022
====================
Dated this the 20th day of December, 2022
ORDER
This is an application for anticipatory bail.
2. The petitioners are accused Nos.1 to 8 in Crime
No.658/2022 of Kudiyanmala Police Station, Kannur alleging
commission of offences punishable under Sections 143, 145,
147, 283 and 353 r/w Section 149 of the IPC.
3. The prosecution allegation is that, on 13.11.2022 at
about 10.30 am, while the election to the management
committee of Eruvasseri Service Co-operative Bank was in
progress, accused Nos,1 to 8 along with 50 other identifiable
persons formed themselves into an unlawful assembly and
prevented the defacto complainant, who being a public servant
from discharging his official duty and thereby committed the
offences.
4. The learned counsel for the petitioners submitted that
BA No.9318 of 2022
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they have been falsely implicated in the above said crime. In
fact, on 13.11.2022, the election to the managing committee of
Eruvasseri Service Co-operative Bank was in progress. The
election was between the panel fielded by the UDF and the LDF.
As part of the election, several members of the UDF as well as
LDF coalition were present in front of the bank. On account of
the presence of a large gathering, there was road blockage to
some extent. While the election was in progress, there arose
disputes between the election agents of the LDF and UDF. This
resulted in a scuffle between several members of the rival
fractions. During the scuffle that ensured, the 1 st petitioner
herein, who is a member of the LDF faction, was injured.
Accordingly, a crime was registered as Crime No.665/2022
before the Kudiyanmala Police Station against the members of
the UDF at the Kudiyanmala Police station. On sustaining
grievous injury, the 1st petitioner was prevented by the
members of the UDF from taking to the hospital. Even though
the petitioners and other members of the LDF faction
complained before the police authorities, they do not intervene
in the matter, despite the fact that police force was very much
BA No.9318 of 2022
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present at the scene of crime. On account of the callous
attitude of the police towards the 1 st petitioner, the mob
questioned the conduct of the police force which resulted in an
altercation with the police leading to a minor scuffle. Apart from
what has been narrated above, no incident had occurred
wherein either the petitioners or any other member of the public
had intentionally assaulted or used criminal force against the
defacto complainant or any other member of the police force.
5. The learned Public Prosecutor opposed the
application for bail mainly contending that the allegations
against the petitioners is that the petitioners along with 50
identifiable other persons formed themselves into an unlawful
assembly and obstructed the public road and prevented the
discharge of official duties of the police officers deployed in
connection with Eruvasseri Service Co-operative Bank election.
It is further submitted that accused Nos.1, 2 and 7 have other
criminal antecedents.
6. Having regard to the facts and circumstances of the
case and considering the nature of the allegations, I am of the
opinion that custodial interrogation may not be required for the
BA No.9318 of 2022
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purpose of the investigation and only a limited custody be
granted for the same. In the result, this application is allowed.
It is directed that the petitioners shall surrender before the
investigating officer on 29.12.2022, at 11 a.m, and subject
themselves for interrogation on that day and on any other
day/days as directed by the investigating officer. The petitioners
shall co-operate with the investigation. In the event of arrest of
the petitioners in Crime No.658/2022 of Kudiyanmala Police
Station, Kannur, 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) 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) The petitioners shall appear before the
investigating officer in Crime No.658/2022 of
Kudiyanmala Police Station, Kannur, on every
Saturday, at 11 am, until the filing of the final
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report;
(iii) Petitioners shall appear before the
investigating officer in Crime No.658/2022 of
Kudiyanmala Police Station, Kannur as and
when summoned to do so;
(iv) The petitioners shall not attempt to
(contact the victim or the defacto complainant)
or interfere with the investigation or to
influence or intimidate any witness in Crime
No.658/2022 of Kudiyanmala Police Station,
Kannur;
(v) The petitioners shall not involve in any
other crime while on bail.
If any of the aforesaid conditions are violated, the
investigating officer in Crime No.658/2022 of Kudiyanmala
Police Station, Kannur 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
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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
ded/20.12.2022
