Kerala High Court
Vinodkumar vs State Of Kerala on 6 July, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
BAIL APPL. NO. 2798 OF 2022
CRIME NO.186/2022 OF PAZHAYANNUR POLICE STATION, THRISSUR DISTRICT
PETITIONERS/ACCUSED:
1 VINODKUMAR, AGED 47 YEARS,S/O RAMAKRISHNAN,
S.S.R. HOUSE, KANIYARCODE P.O.,
THIRUVILLAMALA, THRISSUR DISTRICT, PIN - 680594
2 PRIYESHKUMAR, AGED 20 YEARS, S/O VINODKUMAR,
S.S.R. HOUSE, KANIYARCODE P.O.,
THIRUVILLAMALA, THRISSUR DISTRICT, PIN - 680594
BY ADVS.
V.V.NANDAGOPAL NAMBIAR
BASIL CHANDY VAVACHAN
RESPONDENTS:
1 STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
ADDL. R2 & R3 IMPLEADED
ADDL.R2 RAJU A, AGED 70 YEARS,S/O ARUNACHALAM, GOKULAM, KANIYARKODE
P.O, ERVATHODY, THIRUVILWAMALA, THRISSUR-680594. ARE IMPLEADED
AS PER ORDER DATED 3/6/2022 IN CRL.M.A.NO.1/2022.
ADDL.R3 K AMBIKA RAJU, AGED 68 YEARS,W/O RAJU, GOKULAM, KANIYARKODE
P.O, ERVATHODY, THIRUVILWAMALA, THRISSUR-PIN 680594. ARE
IMPLEADED AS PER ORDER DATED 3/6/2022 IN CRL.M.A.NO.1/2022.
OTHER PRESENT:
SR.PP - SMT. SEETHA S.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06.07.2022, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A. No. 2798 of 2022 2
VIJU ABRAHAM, J.
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B.A. No. 2798 of 2022
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Dated this the 6th day of July, 2022
ORDER
This is an application for anticipatory bail.
2. Petitioners are the accused in Crime No.186
of 2022 of Pazhayannur Police Station, registered
alleging commission of offences punishable under
Sections 323, 324, 294(b) r/w 34 of IPC.
3. The prosecution case is that on 28.3.2022,
the day on which nationwide general strike was
called, at about 3.40 pm when the complainant along
with their men came to the spot for construction of
a boundary wall abutting the road, the 1st
petitioner captured the photograph of the same.
This was questioned by the complainant and the 1st
accused hit on the face of the complainant using a
piece of wood and the 2nd petitioner have beaten the
complainant with hands and kicked him. The wife of
complainant was also abused in filthy language and
attacked.
4. The specific case of the petitioners is that
they have been falsely implicated in the above said
crime. The 1st petitioner is an agriculturist. 2nd
petitioner who is the son of the 1st petitioner a
final year BSc. Electronics student of IHRD College
of Applied Sciences, Chelakkara. There were series
of complaints against construction of house by the
defacto complainant encroaching the public road. A
writ petition was filed by the 1st petitioner as
W.P.(C)No.5918 of 2019 challenging the said
unauthorised construction by the defacto
complainant. During a nationwide general strike the
defacto complainant again started construction of a
building in violation of the Rules and thereupon,
the 1st petitioner captured photographs. Infuriated
by the same, it was questioned by the defacto
complainant and it resulted in a scuffle. Further
case of the petitioners that in connection with the
alleged incident, the 1st petitioner has also filed
a complaint in which a crime was registered as
Crime No.200 of 2022 of Pazhayannur Police Station.
The defacto complainant got himself impleaded and
seriously opposed the application for bail and
submitted that he has suffered serious injuries in
the said incident.
5. The learned Public Prosecutor opposed the
application for bail and submitted that the offence
under Section 354 was subsequently added, but also
submitted that the petitioners have no other
criminal antecedents. It is seen that an interim
order was granted by this Court on 4.4.2022 whereby
it was ordered that the petitioners shall not be
arrested in connection with the above said crime
and the above said interim order is still
continuing.
6. Having regard to the facts and circumstances
of the case, and considering the nature of the
allegations against the petitioners, the bail
application is allowed with the following
directions. The petitioners shall surrender before
the investigating officer on 15.07.2022. In the
event of arrest of the petitioners in Crime No.186
of 2022 of Pazhayannur Police Station, the
petitioners shall be released on bail on the
following conditions:
(i) The petitioners shall execute a bond
for sum of Rs.50,000/- (Rupees fifty
thousand only) each with two solvent
sureties each for the like sum to the
satisfaction of the jurisdictional Court;
(ii) Petitioners shall appear before the
investigating officer in Crime No.186/2022
of Pazhayannur Police Station as and when
summoned to do so;
(iii) Petitioners shall co-operate with
the investigation and make themselves
available for interrogation whenever
required;
(iv) Petitioners shall not tamper with any
evidence;
(v) Petitioners shall not directly or
indirectly make any inducement, threat or
promise to any witness acquainted with the
facts of the case so as to dissuade them
from disclosing such facts to the court or
to any police officer;
(vi) Petitioners shall not involve in any
other crime while on bail.
If any of the aforesaid conditions are violated,
the Investigating Officer in Crime No.186/2022 of
Pazhayannur Police Station, may file an application
before this Court for cancellation of bail.
It is made clear that it is within the power of
the police to investigate the matter and if
necessary to effect recoveries on the information
if any given by any of the petitioners even when
the petitioners are on bail as per the judgment of
the Apex Court in Sushila Aggarwal and others v.
State (NCT of Delhi) and another (2020 (1) KHC
663).
sd/-
VIJU ABRAHAM,JUDGE
pm
