[email protected] vs State Of Kerala
2022 Latest Caselaw 12502 Ker

Citation : 2022 Latest Caselaw 12502 Ker
Judgement Date : 23 December, 2022

Kerala High Court

[email protected] vs State Of Kerala on 23 December, 2022

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
  FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944
                      BAIL APPL. NO. 9983 OF 2022
        CRIME NO.1387/2022 OF KATTAPPANA POLICE STATION
PETITIONER/ACCUSED:

             [email protected]
             AGED 22 YEARS, PADIPURACKAL HOUSE, PERIYONKAVALA
             BHAGOM, THOPPIPPALA KARA, KANCHIYAR VILLAGE,
             IDUKKI, PIN - 685511
             BY ADVS.
             TOM E. JACOB
             LIJI.J.VADAKEDOM
             REXY ELIZABETH THOMAS

RESPONDENT/STATE:

    1        STATE OF KERALA, REPRESENTED BY ITS PUBLIC
             PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM,
             PIN - 682031
    2        SUB INSPECTOR OF POLICE, KATTAPPANA POLICE
             STATION, IDUKKI, PIN - 685508


             BY ADV
             PP - SRI. M.C.ASHI


     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
23.12.2022,     THE    COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 B.A. No.9983 of 2022             :2:




                        VIJU ABRAHAM, J.
         -- -- -- -- -- -- -- -- -- -- -- -- --
                       B.A. No.9983 of 2022
         -- -- -- -- -- -- -- -- -- -- -- -- --
             Dated this the 23rd day of December, 2022

                                 ORDER

This is an application for anticipatory bail.

2. The petitioner is arrayed as an accused in Crime

No.1387/2022 of Kattappana Police Station alleging commission of

offence punishable under Section 307 of the Indian Penal Code.

3. The prosecution allegation is that, on 21.11.2022, at about

4 pm, the petitioner with an intention to commit murder of the

brother-in-law of the wife of the defacto complainant, stabbed with

a knife and thereby committed the aforesaid offence.

4. The learned counsel for the petitioner submitted that it is

in fact the injured who has attacked the petitioner with an iron rod

on his shoulder and also caused injury on his face with a knife.

Thereafter, when the petitioner fell down, the injured punched on

his ribs with the knee causing fracture. To substantiate the same,

the petitioner has produced Annexure IV discharge summary

issued by the St. Johns hospital, Kattappana. On the basis of the

complaint preferred by the petitioner, a crime has been registered

as Crime No.1389/2022 of the Kattappana Police Station against

the injured in the present case. It is also submitted that there was

a boundary dispute between the petitioner and the defacto

complainant and this led to the heated argument between them

which resulted in an altercation between them and it was the

injured who attacked the petitioner.

5. The learned Public Prosecutor upon instructions submitted

that the brother-in-law of the defacto complainant was attacked

with a knife, due to previous enmity regarding a boundary dispute

and he sustained a deep lacerated wound above the left eyebrow

and also a swelling in the left side of the face. It is further

submitted that a counter case is also registered as Crime No.

1389/2022 and that the petitioner has no other criminal

antecedents.

6. Having regard to the facts and circumstances of the case

and considering the nature of the allegations, I am of the opinion

that custodial interrogation of the petitioner may not be required

for the purpose of investigation and only a limited custody be

granted for the same. Therefore, I am inclined to grant bail to the

petitioner subject to stringent conditions. In the result, this

application is allowed. It is directed that the petitioner shall

surrender before the investigating officer on 30.12.2022, at 11

a.m, and subject himself for interrogation on that day and on any

other day/days as directed by the investigating officer. The

petitioner shall co-operate with the investigation. In the event of

arrest in Crime No.1387/2022 of Kattappana Police Station, he

shall be produced before the jurisdictional Court on the very same

day and shall be released on bail, subject to the following

conditions:-

(i) 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.1387/2022 of

Kattappana Police Station, on every Saturday, at 11

am, until the filing of the final report;

(iii) Petitioner shall appear before the investigating

officer in Crime No.1387/2022 of Kattappana Police

Station as and when summoned to do so;

(iv) The petitioner shall not attempt to contact the

victim or the defacto complainant or interfere with

the investigation or to influence or intimidate any

witness in Crime No.1387/2022 of Kattappana Police

Station;