Vishakh Vijayan vs State Of Kerala
2022 Latest Caselaw 12104 Ker

Citation : 2022 Latest Caselaw 12104 Ker
Judgement Date : 22 December, 2022

Kerala High Court

Vishakh Vijayan 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. 9986 OF 2022
PETITIONERS/ACCUSED:

    1          VISHAKH VIJAYAN
               AGED 37 YEARS,S/O. P K VIJAYAN, VALIYAPARAMBIL,
               THOTTUVATHALA P.O, KAINAKARI, ALAPPUZHA - 688501

    2          SAJITH S
               AGED 30 YEARS,S/O. SALEEM KUMAR,
               EMBRAM MADOM, ATTUVATHALA P.O, KAINAKARI,
               ALAPPUZHA DISTRICT - 688501,

           BY ADV. RASHEED C.NOORANAD


RESPONDENTS/STATE & COMPLAINANT:

    1          STATE OF KERALA
               REP BY. PUBLIC PROSECUTOR,
               HIGH COURT OF KERALA, ERNAKULAM-682031

    2          STATION HOUSE OFFICER
               PULINKUNNU POLICE STATION,
               ALAPPUZHA DISTRICT-, PIN - 688504

               BY ADV.SEETHA S., PP.


        THIS     BAIL   APPLICATION      HAVING    COME   UP   FOR
ADMISSION ON 22.12.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 BAIL APPLN. No.9986 OF 2022
                                    2


                         VIJU ABRAHAM, J.
             ===========================
                   Bail Appl. No.9986 of 2022
            ============================
            Dated this the 22nd day of December, 2022

                               ORDER

This is an application for anticipatory bail.

2. The petitioners are the 2nd and 3rd accused in

Crime No.464/2022 of Pulinkunnu Police Station in Alappuzha

District alleging commission of offences punishable under

Sections 294(b), 324, 323, 326 read with Section 34 of the

Indian Penal Code.

3. The prosecution allegation is that on 20.10.2022 at

about 8.30 p.m., while the defacto complainant demanded the

accused to remove a liquor bottle and glass tumbler kept by the

accused on the bonnet of the car of the defacto complainant's

relative, which was parked on Kainakary Mundackal bridge, the

1st accused hurled abuses against the defacto complainant and

beat on his head and face using a helmet. Due to the said blow,

when the defacto complainant fell down, the 2nd accused

stamped him. On seeing the same when the relatives of the

defacto complainant, who has also intervened to rescue him, all

the accused had beaten them by using beer bottle and iron BAIL APPLN. No.9986 OF 2022

stick, thereby the petitioners committed the above said

offences.

4. The petitioners were implicated only because of the

reason that they happened to be present at the alleged spot.

On that particular day a drama was staged at Mundakkal Palam

in Kainakari in connection with CBL Boat Race, Kainkari. The

allegation that these petitioners attacked the defacto

complainant is absolutely false. A group clash had taken place

and the 1st accused attacked the defacto complainant with a

helmet. The 1st accused was arrested and later he was

enlarged on bail. The defacto complainant is an Army man and

he had returned to his work place at Ambala. It is submitted

that the defacto complainant has not sustained any serious

injuries as alleged in the FIR. The petitioners are falsely

implicated in the above said crime.

5. Heard the learned counsel for the petitioners and the

learned Public Prosecutor.

6. The learned Public Prosecutor upon instructions

submitted that it is true that serious overt acts are alleged

against the 1st accused. The petitioners have also active role in BAIL APPLN. No.9986 OF 2022

the commission of the offences. It is further submitted that the

1st petitioner is involved in another crime.

7. Considering the facts and circumstances of the case

and nature of allegation, I am of the opinion that custodial

interrogation of the petitioners may not be required for the

purpose of investigation of the case and only a limited custody

be granted to the same, I am inclined to grant anticipatory bail

to the petitioners.

In the result, this application is allowed. Petitioners shall

surrender before the investigating officer in Crime No.464/2022

of Pulinkunnu Police Station in Alappuzha District on 29.12.2022

at 11 a.m. and shall make themselves available for interrogation

on that day or any other day/days as directed by the

Investigating Officer. The petitioners shall co-operate with the

investigation. It is directed that in the event of arrest of the

petitioners in Crime No.464/2022 of Pulinkunnu Police Station,

the petitioners shall be produced before the Jurisdictional Court

on the same day and they shall be released on bail subject to

the following conditions:-

(i) The petitioners shall execute bond for a sum

of Rs.50,000/- (Rupees fifty thousand only)

each with two solvent sureties each for the BAIL APPLN. No.9986 OF 2022

like-sum to the satisfaction of the

Jurisdictional Court;

(ii) The petitioners shall appear before the

Investigating Officer in Crime No.464/2022 of

Pulinkunnu Police Station, on every Saturday

at 11 a.m. until filing of the final report;

(iii) The petitioners shall report to the

Investigating Officer as and when required for

the investigation.

(iv) The petitioners shall not attempt to influence

the defacto complainant or interfere with the

investigation or to influence or intimidate any

witness in Crime No.464/2022 of Pulinkunnu

Police Station;