Deepu S vs State Of Kerala
2022 Latest Caselaw 12521 Ker

Citation : 2022 Latest Caselaw 12521 Ker
Judgement Date : 23 December, 2022

Kerala High Court

Deepu S 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. 9682 OF 2022
    CRIME NO.693/2022 OF MANNAR POLICE STATION, ALAPPUZHA
PETITIONER/2ND ACCCUSED:

             DEEPU S
             AGED 24 YEARS, S/O. SAHADEVAN , CHATHEL, THAYOOR,
             BUDHANNOOR P.O., ENNAKADU, CHENGANNUR THALUK,
             ALAPUZHA DIST. , PIN - 689510
             BY ADVS.
             SINU.G.NATH
             VARUGHESE OOMMEN


RESPONDENTS:

    1        STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR
             HIGH COURTOF KERALA ERNAKULAM, PIN - 682031
    2        STATION HOUSE OFFICER, MANNAR POLICE STATION
             ALAPPUZHA DISTRICT, PIN - 689622

             BY ADV
             SRI.M.C.ASHI - PP


     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
23.12.2022,     THE    COURT   ON   THE    SAME   DAY   DELIVERED   THE
FOLLOWING:
 BA No.9682 of 2022
                                   .. 2 ..



             VIJU ABRAHAM, J.
       ====================
            B.A. No.9682 of 2022
       ====================
                Dated this the 23rd day of December, 2022

                               ORDER

This is an application for anticipatory bail.

2. The petitioner is accused No.2 in Crime No.693/2022

of Mannar Police Station, Alappuzha alleging commission of

offences punishable under Sections 294 (b), 323, 324, 341, 308

and Section 34 of the IPC.

3. The prosecution allegation is that, on a provocation

that the defacto complainant consumed toddy from the bottle

bought by the petitioner, the petitioner slapped the defacto

complainant on his left cheek and he was attacked by the other

accused also and thus the accused have committed the

aforesaid offences.

4. The learned counsel for the petitioner submitted that

he has been falsely implicated in the above said crime and no

serious overt acts are alleged against him.

5. The learned Public Prosecutor upon instructions

submitted that it is true that the only allegation against the BA No.9682 of 2022 .. 3 ..

petitioner is that he slapped on the face of the defacto

complainant. It is further submitted that the petitioner is

involved in two other criminal cases.

6. Having regard to the facts and circumstances of the

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

opinion that the custodial interrogation may not be required for

the purpose of the investigation and only a limited custody be

granted for the same. In the result, this application is allowed.

It is directed that the petitioner shall surrender before the

investigating officer on 29.12.2022, 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 of the

petitioner in Crime No.693/2022 of Mannar Police Station,

Alappuzha, 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 ;

BA No.9682 of 2022 .. 4 ..

(ii) The petitioner shall appear before the

investigating officer in Crime No.693/2022 of

Mannar Police Station, Alappuzha, on every

Saturday, at 11 am, until the filing of the final

report;

(iii) Petitioner shall appear before the

investigating officer in Crime No.693/2022 of

Mannar Police Station, Alappuzha as and when

summoned to do so;

(iv) The petitioner shall not attempt to (contact

the victim or the defacto complainant) or