Sreejith vs State Of Kerala
2022 Latest Caselaw 11651 Ker

              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. 9630 OF 2022
   AGAINST THE ORDER/JUDGMENTCRMC 1414/2022 OF DISTRICT COURT &
                       SESSIONS COURT,THRISSUR


PETITIONER/ACCUSED NO.3:

           SREEJITH
           AGED 44 YEARS
           S/O BALAN, THIRUVADATH HOUSE
           THALIKULAM P.O, THRISSUR-680569.
           PIN - 680569
           BY ADVS.
           K.I.SAGEER
           MUHAMMED YASIL


RESPONDENT/COMPLAINANT & STATE:

           STATE OF KERALA
           REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
           PIN - 682031
           BY SMT. NIMA JACOB (PP)


     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20.12.2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 Bail Appln. No. 9630 of 2022     2



                      VIJU ABRAHAM , J.
           ===========================
                Bail Appln. No. 9630 of 2022
          ============================
          Dated this the 20th day of December, 2022


                               ORDER

This is an application for anticipatory bail.

2. The petitioner is the 3rd accused in Crime No. 706/2022

of Valppad Police Station, Thrissur District alleging commission

of offences punishable under Sections 341, 323, 324 and 308

read with Section 34 of the Indian Penal Code.

3. The prosecution allegation is as follows: on 12.10.2022

at 11.00 pm, the accused were removing waste materials into a

tipper lorry in connection with development works of National

Highway. The defacto complainant videographed the same. The

accused out of the said rivalry attacked the defacto complainant

and voluntarily caused hurt to him by using dangerous weapon

and attempted to commit culpable homicide. Thus, the accused

is alleged to have committed the aforesaid offenses.

4. The petitioner submitted that he has been falsely

implicated in the above said crime. Petitioner and other accused

were engaged in removing of the waste materials from a

demolished building acquired for National Highway at the behest

of property owners. The defacto complainant objected in

removing the waste and demanded money from the petitioner.

The petitioner refused to the illegal demand of the defacto

complainant and thereupon the defacto complainant obstructed

the transportation of materials and started to abuse the

petitioner and other accused in filthy language. Thereafter the

defacto complainant filed a complaint wherein the petitioner is

made an accused. Petitioner further submitted that he has no

other criminal antecedents.

5. The learned Public Prosecutor upon instructions

submitted that the defacto complainant was attacked with a

wooden reaper by the petitioner and he sustained injuries in the

alleged incident, but submitted that the petitioner has no other

criminal antecedents.

6. Considering the facts and circumstances of the case and

nature of allegation and taking into consideration the fact that

petitioner has no other criminal antecedents, I am inclined to

grant anticipatory bail to the petitioner by granting limited

custody for the purpose of investigation.

In the result, this application is allowed. The Petitioner shall

surrender before the Investigating Officer in Crime No. 706/2022

of Valppad Police Station on 26.12.2022 at 11 AM and shall make

himself available for interrogation on that day or any other

day/days as directed by the Investigating Officer. The petitioner

shall co-operate with the investigation. In the event of arrest of

the petitioner in Crime No. 706/2022 of Valppad Police Station,

the petitioner shall be produced before the jurisdictional Court on

the very same day and shall be released on bail subject to the

following stringent 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 like-sum to the satisfaction

of the Jurisdictional Court;

(ii) The petitioner shall appear before the investigating

officer in Crime No. 706/2022 of Valppad Police Station,

on every Saturday at 11.00 a.m. 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.

706/2022 of Valppad Police Station;

(v) The petitioner shall not involve in any other crime while

on bail.

If any of the aforesaid conditions are violated, the

investigating officer in Crime No. 706/2022 of Valppad Police

Station 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 the petitioner

even when the petitioner is 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 sbk/-