Kerala High Court
Kannan vs State Of Kerala on 21 December, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 21ST DAY OF DECEMBER 2022 / 30TH AGRAHAYANA, 1944
BAIL APPL. NO. 602 OF 2022
Crime No.57/2022 of Valappad Police Station, Thrissur District,
PETITIONER/ACCUSED:
KANNAN, AGED 34 YEARS
S/O.SATHYAN, NEDIYIRIPIL HOUSE, VALAPPAD VILLAGE,
THRISSUR DISTRICT.
BY ADV NIREESH MATHEW
RESPONDENT/COMPLAINANT:
STATE OF KERALA, REP. BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
OTHER PRESENT:
PP - M.C.ASHI
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
21.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 602 OF 2022
2
VIJU ABRAHAM, J
BA No. 602 of 2022
st
Dated this the 21 day of December, 2022
O R D E R
This is an application for anticipatory bail.
2. The petitioner is the accused in Crime No.57/2022
of Valappad Police Station, Thrissur District, alleging
commission of offences punishable under Sections 294(b) and
308 of the of the Indian Penal Code.
3. The prosecution case is that on 15.01.2022 at about
6.15 PM, due to the boundary dispute prevailing between the
defacto complainant and the accused, the accused abused the
defacto complainant with obscene words and tried to inflict
injuries on the defacto complainant with a stick
(cheemakonna). If the defacto complainant has not evaded the
blow, it would have resulted in his death and thus the
accused have committed the aforesaid offences.
4. Heard the learned counsel for the petitioner and
the learned Public Prosecutor.
5. The learned counsel for the petitioner submitted that
BAIL APPL. NO. 602 OF 2022
he has been falsely implicated in the aforesaid crime.
6. When the matter came up for consideration on
14.12.2022, this court has directed the petitioner to appear
before the investigating officer on 16.12.2022 and co-operate
with the investigation. When the matter was taken up for
consideration today, the learned Public Prosecutor upon
instructions submitted that the petitioner has appeared before
the investigating officer and co-operated with the investigation
and further that his further custody may not be required for
the purpose of the investigation.
7. Considering the facts and circumstances of the case
and the nature of the allegations and taking into consideration
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 and therefore 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.57/2022
of Valappad Police Station, Thrissur District, on 27.12.2022 at
BAIL APPL. NO. 602 OF 2022
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.57/2022 of Valappad Police Station, Thrissur District, he
shall be produced before the Jurisdictional Court on the same
day and he 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,
(ii) The petitioner shall appear before the
investigating officer in Crime No.57/2022 of
Valappad Police Station, Thrissur District, 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,
BAIL APPL. NO. 602 OF 2022
(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.57/2022
of Valappad Police Station, Thrissur District,
(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.57/2022 of Valappad Police
Station, Thrissur 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 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
R.AV
