Kerala High Court
Ajmal 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. 10157 OF 2022
Crime No.822/2022 of Valappad Police Station,
PETITIONER/2ND ACCUSED:
AJMAL, AGED 23 YEARS
S/O AKBAR,AGED 23 YEARS,PUTHIYAVEETTIL
HOUSE,KOTHAKULAM,VALAPPAD,PIN-680744
BY ADVS.
K.S.RAJESH
M.SHAJU PURUSHOTHAMAN
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031.
OTHER PRESENT:
PP:Seetha S
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
21.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 10157 OF 2022 2
VIJU ABRAHAM, J
BA No.10157 of 2022
st
Dated this the 21 day of December, 2022
O R D E R
This is an application for anticipatory bail.
nd
2. The petitioner is the 2 accused in Crime
No.822/2022 of Valappad Police Station, alleging commission of
offences punishable under sections 294[b], 323, 324, 326 and
34 of IPC.
3. The prosecution allegation is that the accused Nos.1
st
and 2, on 17.11.2022 at 9.15 P.M due to the enmity of the 1
accused towards the de-facto complainant since the de-facto
st
complainant did not pay the amount to the 1 accused for the
st
repairing charge of the scooter owned by the 1 accused and
which was being used by the de-facto complainant, in front of
st
the mosque at Chalukulam ,stopped the motor cycle and the 1
accused beat the de-facto complainant with a stick causing
nd
fracture to the left hand and left shoulder and the 2 accused
beat the de-facto complainant with a stick and the accused
pushed the children of the de-facto complainant when they
prevented the attack and thereby 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
he has been falsely implicated in the aforesaid crime and it is in
fact the defacto complainant attacked the first accused and
based on a complaint, a crime has been registered as
Annexure-A2.
6. The learned Public Prosecutor opposed the application
for bail mainly contending that the defacto complainant
sustained injuries including fracture but serious overtact is
alleged against the first accused in the crime and the allegation
against the petitioner is that he also attacked the defacto
complainant by using a stick. The learned Public Prosecutor
further submitted that the petitioner is not involved in any other
crime.
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, 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.822/2022
of Valappad Police Station, on 28.12.2022 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.822/2022 of Valappad Police
Station, 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.822/2022 of
Valappad 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.822/2022 of
Valappad 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.822/2022 of Valappad 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
R.AV
