Kerala High Court
Amal S vs State Of Kerala Represented By ... 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. 9448 OF 2022
PETITIONER/ACCUSED NO.3:
AMAL S
AGED 28 YEARS
MAKKATTU THEKKATHIL KOCHALUMOOD
KATTIL KADAVU P O ADINAD KOLLAM, PIN - 690542
BY ADVS.
C.RAJENDRAN
B.K.GOPALAKRISHNAN
RESPONDENT/COMPLAINANT:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR
HIGH COURT ODF KERALA ERNAKULAM, PIN - 682031
BY SMT. NIMA JACOB (PP)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21.12.2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Bail Appln. No. 9448 of 2022 2
VIJU ABRAHAM , J.
===========================
Bail Appln. No. 9448 of 2022
============================
Dated this the 21st day of December, 2022
ORDER
This is an application for anticipatory bail.
2. The petitioner is accused No.3 in Crime No. 1547/2022
of Karunagappally Police Station, Kollam District alleging
commission of offences punishable under Sections 324, 341
and 308 read with Section 34 of the Indian Penal Code.
3. The prosecution allegation is that, on 04/11/2022 at
17:00 hours, the defacto complainant and his cousin came out
of an ATM counter near Kochalumoodu junction after taking
money and when they tried to get into the bike, the accused 1
to 3 came and the 1st accused pulled down the de-facto
complainant and the 3rd accused wrongfully restrained him.
The accused 1 and 2 attempted to inflict cut injuries on his leg.
The defacto complainant attempted to pull away the accused
from there. The 4th accused attempted to beat him with a soda
bottle, as he evaded and it hit at the right side of his forehead
and caused injury and thereby the accused have committed
the alleged offences.
4. The petitioner submitted that he has been falsely
implicated in the above said crime and that he has no other
criminal antecedents.
5. The learned Public Prosecutor upon instructions
submitted that defacto complainant was attacked by the
accused persons and the specific overt act alleged against the
petitioner is that he has restrained the defacto complainant.
The learned Public Prosecutor further submitted that petitioner
has no other criminal antecedents.
6. Considering the facts and circumstances of the case
and nature of allegation, I am inclined to grant anticipatory bail
to the petitioner by granting limited custody for the purpose of
the investigation.
In the result, this application is allowed. The Petitioner
shall surrender before the Investigating Officer in Crime No.
1547/2022 of Karunagappally Police Station on 28.12.2022 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. 1547/2022 of
Karunagappally 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. 1547/2022 of Karunagappally
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.
1547/2022 of Karunagappally 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. 1547/2022 of Karunagappally
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/-
