Kerala High Court
Vishnu. V 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. 7304 OF 2022
CRIME NO.1372/2022 OF SASTHAMCOTTA POLICESTATION, KOLLAM
PETITIONER/ACCUSED:
ARUN GOPINATHAN ALIAS RENJU, S/O.GOPINATHAN
AGED 31 YEARS,ARUN NIVAS, KUNNATHOOR WEST,
KUNNATHUR, KOLLAM DISTRICT, PIN - 690540
BY ADVS.
S.K.ADHITHYAN,KEERTHI S. JYOTHI
AKARSH S.,RAJESH KUMAR C.
MANU MOHAN (M-1378),CHRISTY THOMAS
MUHAMMED IBRAHIM ABDUL SAMAD
SHARATH ELDO PHILIP
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,KOCHI PIN - 682031
OTHER PRESENT:
PP - M.C.ASHI
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
20.12.2022, ALONG WITH Bail Appl..7367/2022, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
BA Nos.7304 & 7367 of 2022 2
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. 7367 OF 2022
CRIME NO.1372/2022 OF SASTHAMCOTTA POLICESTATION, KOLLAM
PETITIONERS/ACCUSED:
1 VISHNU. V.,AGED 31 YEARS, S/O.VENU GOPAL V.
KOCHU THUNDIL HOUSE, KUNNATHOOR WEST,
KOLLAM - 690540, PIN - 690540
2 RAHUL.K, AGED 27 YEARS, S/O.KOCHUPDIYAN S.
KALLIL PADINJARETHIL, KUNNATHUR EAST,
KOLLAM, PIN - 690540
BY ADVS.
S.K.ADHITHYAN,RAJESH KUMAR C.
KEERTHI S. JYOTHI,MUHAMMED IBRAHIM ABDUL SAMAD
AKARSH S.,MANU MOHAN (M-1378)
JUSTY THOMAS,SHARATH ELDO PHILIP
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, KOCHI PIN - 682031
BY PUBLIC PROSECUTOR SMT.SEETHA S.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
20.12.2022, ALONG WITH Bail Appl..7304/2022, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
BA Nos.7304 & 7367 of 2022 3
VIJU ABRAHAM, J.
.................................................................
B.A. Nos.7304 & 7367 of 2022
.................................................................
Dated this the 20th day of December, 2022
ORDER
These are applications for anticipatory bail.
2. Petitioners in B.A No. 7367 are accused 1, 2, and
petitioner in B.A No. 7304/2022 is accused no.3 in Crime No.
1372/2022 of Sasthamcotta Police Station, Kollam District alleging
commission of offences punishable under Sections 294 (b), 323, 324
and 308 r/w Section 34 IPC.
3. Prosecution allegation is that the defacto complainant and
his friends were attacked during the Onam celebration and they
sustained injuries and thereby the accused committed the offence.
4. Petitioners submit that they have been falsely implicated in
the above-said crime and they have no other criminal antecedents.
5. Learned Public Prosecutor opposed the application for bail
mainly contending that in connection with the Onam celebration, there
was an altercation and the petitioners attacked the defacto
complainant and his friends, and they sustained injuries including
fracture. The learned Public Prosecutor further submits that petitioner
has no other criminal antecedents.
6. When the matter came up for consideration on an earlier
occasion, this court directed the petitioners to appear before the
investigating officer and cooperate with the investigation and it is
reported that the petitioners have appeared and cooperated with the
investigation and their statements have been recorded.
Considering the facts and circumstances of the case and the
nature of the allegations, I am inclined to grant bail to the petitioners
on stringent conditions. In the result, the application is allowed. The
petitioners shall surrender before the Investigating Officer in Crime No.
1372/2022 of Sasthamcotta Police Station, Kollam District on
26.12.2022 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.
1372/2022 of Sasthamcotta Police Station, Kollam District, the
petitioners 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. 1372/2022 of Sasthamcotta Police Station, Kollam District
on all Saturdays at 11.00 a.m. till the filing of final report.
(iii) They shall not enter the jurisdictional limit of Sasthamcotta
Police Station, Kollam District for a period of one month except
for complying with condition No.(ii) or to attend any court
proceedings.
(iv) They shall not attempt to influence the defacto complainant
or interfere with the investigation or to influence or intimidate any
witness in Crime No. 1372/2022 of Sasthamcotta Police Station,
Kollam District.
(v) 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. 1372/2022 of Sasthamcotta Police
Station, Kollam District 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 petitioners even when any of the
petitioners 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
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