Prajithlal. P.J vs State Of Kerala
2022 Latest Caselaw 994 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE GOPINATH P.
   TUESDAY, THE 25TH DAY OF JANUARY 2022 / 5TH MAGHA, 1943
                      BAIL APPL. NO. 9527 OF 2021
   AGAINST THE ORDER/JUDGMENT IN CRMC 704/2021 OF SESSIONS
                      DIVISION ,KALPETTA, WAYANAD
PETITIONER/ACCUSED NO.3:

             PRAJITHLAL. P.J.
             AGED 41 YEARS
             SON OF JANARDHANAN, PUTHENVEEDU HOUSE,
             NENMENIKUNNU POST, NOOLPUZHA,
             SULTHAN BATHERY TALUK, WAYANAD DISTRICT,
             PIN-673595.

             BY ADVS.
             C.MURALIKRISHNAN (PAYYANUR)
             ABRAHAM GEORGE JACOB



RESPONDENTS/STATE & COMPLAINANT:

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

    2        STATION HOUSE OFFICER
             SULTHAN BATHERY TALUK, WAYAND DISTRICT, PIN-673592.

             SRI. NOUSHAD K.A. (SR.PP)


    THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
25.01.2022,     THE    COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 BAIL APPL. NO. 9527 of 2021
                                         2



                                    ORDER

This is an application for anticipatory bail.

2. Petitioner is the third accused in Crime No.844 of 2021 of

Sulthan Bathery Police Station, Wayanad District, alleging commission of

offences under Sections 341, 323, 304 r/w Section 34 of the Indian Penal

Code.

3. The allegation against the petitioner is that, he along with the

other accused in the case attacked the de facto complainant resulting in

serious injuries to the de facto complainant. The learned counsel for the

petitioner with reference to the First Information Statement of the de facto

complainant submits that, the allegations are mainly against the 2 nd accused

and not against the petitioner/3rd accused. It is submitted that in fact there

is no allegation against the petitioner/3rd accused, which would attract any

of the offences alleged against him. It is submitted that the petitioner has

been falsely implicated in the crime. It is also pointed out that the falsity of

the allegation is clear from the fact that the de facto complainant had filed an

affidavit before the Magistrate's Court, Sulthan Bathery stating that the 1 st BAIL APPL. NO. 9527 of 2021

accused was not at all involved in the crime. Reference is made in this

regard to Annexures A3 and A4. By A3 order, the 1 st accused was released on

bail by the Magistrate Court mainly taking into account the affidavit

executed by the de facto complainant. It is also submitted that taking into

account the allegations raised against the petitioner, his custodial

interrogation may not be required in the matter.

4. Heard the learned Public Prosecutor also.

5. The learned Public Prosecutor submits that, he has no

instructions regarding the affidavit stated to have been executed by the de

facto complainant. It is pointed out that even going by the averments in the

bail application, the affidavit is executed by CW2 and not by the de facto

complainant. It is submitted that there are very serious injuries suffered by

the de facto complainant and that the petitioner is not entitled to

anticipatory bail.

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

considering the allegations against the petitioner, and also taking into

account the contents of the First Information Statement of the de facto BAIL APPL. NO. 9527 of 2021

complainant and also the fact that the 1st accused has already been released

on bail, I am of the opinion that the petitioner can also be granted

anticipatory bail subjected to conditions.

7. In the result, this application is allowed. It is directed that the

petitioner shall be released on bail, in the event of arrest in Crime No.844 of

2021 of Sulthan Bathery Police Station, Wayanad District, subject to the

following conditions:-

i. The petitioner shall execute bond for a sum of Rs.50,000/-

(Rupees fifty thousand only) with two solvent sureties for the

like sum to the satisfaction of the Jurisdictional Court;

ii. Petitioner shall co-operate with the investigation and shall

report before the investigating officer at 9 A.M on 31.01.2022,

01.02.2022 and 02.02.2022 and thereafter whenever called

upon to do so;

iii. The petitioner shall not attempt to interfere with the

investigation or to influence or intimidate the de facto

complainant or any witness in Crime No.844 of 2021 of Sulthan

Bathery Police Station, Wayanad District;

BAIL APPL. NO. 9527 of 2021

iv. 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.844 of 2021 of Sulthan Bathery Police Station, Wayanad District

may file an application before the Jurisdictional Court, for cancellation of

bail.

This order shall not be treated as entitling the 2 nd accused in the case to

apply for anticipatory bail.

Sd/-

GOPINATH P.

JUDGE

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