Akhilt.P vs State Of Kerala
2022 Latest Caselaw 11645 Ker

Citation : 2022 Latest Caselaw 11645 Ker
Judgement Date : 20 December, 2022

Kerala High Court

Akhilt.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. 5749 OF 2022
Crime No.585 of 2022 of Pathanamthitta Police Station,

PETITIONER/ACCUSED NO.1:

          AKHILT.P, AGED 23 YEARS
          THANNIMOOTTIL HOUSE, PANNIYALI , OMALLOOR, P.O AND
          VILLAGE, PATHANAMTHITTA DISTRICT., PIN - 689647.

          BY ADVS.
          V.SETHUNATH
          V.R.MANORANJAN (MUVATTUPUZHA)


RESPONDENT/S:

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

    2      STATION HOUSE OFFICER, PATHANAMTHITTA POLICE STATION
           PATHANAMTHITTA P.O AND DISTRICT, PIN - 689645.




OTHER PRESENT:

           PP - NIMA JACOB


         THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
 20.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NO. 5749 OF 2022
                                             2




                               VIJU ABRAHAM, J

                            BA No.5749 of 2022
                                  th
           Dated this the 20           day        of   December, 2022

                                 O R D E R

This is an application for anticipatory bail.

2. The petitioner is the 1 accused in Crime No.585 of

2022 of Pathanamthitta Police Station, alleging commission of

offences punishable under Sections 143, 147, 148, 323, 324,

326, 427 r/w 149 of the I.P.C.

3. The 1 petitioner and other accused are volunteers of

Omalloor Rakthakanda Swamy Temple during the festival week

and defacto complainant and others who are the members of

the DYFI had trespassed into the temple and ransacked the

temple premises. The petitioner and other volunteers had

stopped them and subsequently there was wordy quarrel which

developed into a clash between the members of DYFI and

Temple Volunteers. Further allegation is that defacto

complainant lost his gold chain and 'Elas' causing a damage of

Rs. 40,000/- and thereby the accused have committed the BAIL APPL. NO. 5749 OF 2022

aforesaid offences.

4. Heard the learned counsel for the petitioner and the

learned Public Prosecutor.

5. The learned counsel for the petitioner submitted that

he has been falsely implicated in the aforesaid crime and

further that a perusal of Annexure-2 would revealed that the

defacto complainant lost his tooth as early as 2021 and not in

the alleged incident as contended by the learned Public

Prosecutor and further submitted that he has no criminal

antecedents and all other accused have been granted

anticipatory bail as per Annexure-A6 order.

6. The learned Public Prosecutor opposed the application

for bail mainly contending that the accused had trespassed into

the temple and ransacked the temple premises, but submitted

that he has no other criminal antecedents.

7. It is seen that the crime has been registered as early

as on 19.05.2022 and the investigations have progressed

considerably.

8. Considering the facts and circumstances of the case

and the nature of the allegations and taking into consideration BAIL APPL. NO. 5749 OF 2022

the fact that the investigation is almost complete and that the

petitioner has no other criminal antecedents, I am of the opinion

that custodial interrogation of the petitioner may not be required

for the purpose of the investigation and only a limited custody

be granted for the same, I am inclined to grant anticipatory bail

to the petitioner.

In the result, this application is allowed. Petitioner shall

surrender before the investigating officer in Crime No.585 of

2022 of Pathanamthitta Police Station, on 29.12.2022 at 11 am

and make himself available for interrogation. The petitioner

shall co-operate with the investigation. It is directed that in the

event of arrest of the petitioner in Crime No.585 of 2022 of

Pathanamthitta Police Station, he shall be produced before the

Jurisdictional Court on the same day and shall be released on

bail subject to the following conditions:-

(i) The petitioner shall execute a bond for a

sum of Rs.50,000/- (Rupees fifty thousand

only) with two solvent sureties each for the

likesum to the satisfaction of the Jurisdictional

Court, BAIL APPL. NO. 5749 OF 2022

(ii) The petitioner shall appear before the

investigating officer in Crime No.585 of 2022 of

Pathanamthitta Police Station, on every

Saturday at 11.00 am until filing of the final

report,

(iii) Petitioner shall report to the investigating

officer as and when required for the

investigation,

(iv) The petitioner shall not attempt to

influence the defacto complainant or interfere

with the investigation or to influence or

intimidate any witness in Crime No.585 of 2022

of Pathanamthitta Police Station,