Samuel vs State Of Kerala
2022 Latest Caselaw 11998 Ker

Citation : 2022 Latest Caselaw 11998 Ker
Judgement Date : 22 December, 2022

Kerala High Court

Samuel vs State Of Kerala on 22 December, 2022

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                 THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
    THURSDAY, THE 22ND DAY OF DECEMBER 2022 / 1ST POUSHA, 1944
                      BAIL APPL. NO. 9023 OF 2022
      Crime No.1473/2022          of   Pathanamthitta Police station

PETITIONER/ACCUSED:

            SAMUEL, AGED 61 YEARS
            S/O.MATHEW,RESIDING AT: KOLAKOTTU PUTHENPARAMBIL,
            VADASSERIKKARA, PATHANAMTHITTA DISTRICT, PIN - 689661.

            BY ADVS.
            JINSON OUSEPH
            S.VIJAYAN(K/342/2011)
            V.PRINCE DEV(K/1277/2001)
            C.RAJESWARA KUMAR(K/461/2012)
            CHITRA VIJAYAN(K/849/2016)
            BASIL MECHERY(K/896/2017)
            NIMISHA GEORGE(K/711/2021)
            AMALENDU N.S.(K/001758/2022)


RESPONDENT/STATE:

            STATE OF KERALA
            REPRESENTED BY PUBLIC PROSECUTOR,
            HIGH COURT OF KERALA, PIN - 682031.

OTHER PRESENT:

            PP - M.C.ASHI


     THIS   BAIL    APPLICATION    HAVING    COME   UP   FOR   ADMISSION   ON
22.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NO. 9023 OF 2022
                                    2

                       VIJU ABRAHAM, J

                      BA No.9023 of 2022
                              nd
          Dated this the 22        day   of   December, 2022

                           O R D E R

This is an application for anticipatory bail.

2. Petitioner is the accused in Crime No.1473/2022 of

Pathanamthitta Police Station alleging commission of offences

punishable under Sections 324, 326, 294(b), 427 of Indian

Penal Code.

3. The allegation is that on 02-11-2022 at 8 pm, there

arose some dispute between the accused and the defacto

complainant with regard to switching off a street light. It is

alleged that due to this dispute the accused abused the defacto

complainant and hit him with a torch on his head, on bottom

of his left eye and on his nose. It is alleged due to the attack

made by the accused the defacto complainant suffered fracture

on nose and abrasion on his head and on the bottom of his left

eye. It is alleged that accused has caused damage to the

spectacles of the defacto complainant and thereby caused a

loss of Rs.8000/- and thereby the accused has committed the BAIL APPL. NO. 9023 OF 2022

aforesaid offences.

4. Heard the learned counsel for the petitioner and the

learned Public Prosecutor.

5. The learned counsel for the petitioner submitted that

the petitioner has been falsely implicated in the aforesaid

crime and further that on 02-11-2022 at 8 pm the defacto

complainant abused the petitioner alleging that it is the

petitioner who switched off the street light and there occurred

some argument between the accused and the defacto

complainant with regard to the same. At that point of time the

defacto complainant forcefully pushed the petitioner and to

prevent from falling down the petitioner caught the hand of

the defacto complainant and both of them fell down to a pit.

The defacto complainant might have suffered the injuries due

to the fall. The incident happened on 02-11-2022 and the crime

is registered only on 05-11-2022. There is an unexplained delay

of three days in registering the FIR and further that he has

other criminal antecedents.

6. The learned Public Prosecutor opposed the

application for bail mainly contending that the defacto BAIL APPL. NO. 9023 OF 2022

complainant was attacked and he sustained injuries in both

nasal bone and nasal septum and further submitted that the

petitioner has no other criminal antecedents.

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 and that

the petitioner is aged 61 years, 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.1473/2022 of Pathanamthitta Police station on 29.12.2022

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.1473/2022 of Pathanamthitta 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 BAIL APPL. NO. 9023 OF 2022

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.1473/2022

of Pathanamthitta 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.1473/2022

of Pathanamthitta Police station

(v) The petitioner shall surrender his passport BAIL APPL. NO. 9023 OF 2022

before the jurisdictional court. If the

petitioner does not have a passport, he shall

execute an affidavit to that effect and file the

same before the said court within seven days

of release on bail;