Joy vs State Of Kerala
2022 Latest Caselaw 8452 Ker

Citation : 2022 Latest Caselaw 8452 Ker
Judgement Date : 6 July, 2022

Kerala High Court

Joy 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. 157 OF 2022
CRIME NO.2047 OF 2018 OF VIZHINJAM POLICE STATION, THIRUVANANTHAPURAM
                                   DISTRICT
PETITIONER/A3:

            JOY, AGED 24 YEARS, S/O. JOHNSON,
            STELLA BHAVAN, KOTTAPPURAM P.O., VIZHINJAM
            THIRUVANANTHAPURAM, PIN - 695521

            BY ADV SHAJIN S.HAMEED


RESPONDENT/STATE:

            STATE OF KERALA
            REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA
            ERNAKULAM, PIN - 682031


OTHER PRESENT:

            PP - SRI. M.C.ASHI




     THIS   BAIL     APPLICATION   HAVING     COME   UP   FOR   ADMISSION   ON
06.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 B.A. No. 157 of 2022                          2

                      VIJU ABRAHAM, J.
                   ---------------------
                    B.A. No. 157 of 2022
                ---------------------------
           Dated this the 6th day of July, 2022
                                     ORDER

This is an application for anticipatory bail.

2. Petitioner is the 3rd accused in Crime No.2047

of 2018 of Vizhinjam Police Station,

Thiruvananthapuram District registered alleging

commission of offences punishable under Sections

294(b), 341, 323, 324, 308, 392 & 506 r/w 34 of IPC.

3. The prosecution allegation is that due to

enmity towards the defacto complainant for the

reason that he lodged complaint against 1st accused

for hurling obscene words through whats app, on

20.12.2018 at 10.45 pm, the accused persons with an

intention to assault the defacto complainant,

stopped him while riding KL-20-N-7389 scooter

through Kottappuram, Decentmukku. After stopping,

A1 hurled obscene words and using a weapon hided

inside his hand, hit on the forehead of defacto

complainant and slapped on the left side of his

face. A2 using a bat tried to hit on the head of the

defacto complainant, which was warded off by him and

thereby he sustained injury over his ear. A3 using

a tube hit on the forehead of defacto complainant

and it is further alleged that A1 took away the gold

chain and ring of defacto complainant. It is also

alleged that as per the instruction of A1, A4 to A7

kicked and fisted the defacto complainant.

4. The petitioner submits that he is innocent of

the allegations and he is falsely implicated in the

above said crime. Petitioner submits that there was

another crime registered in connection with the

incident in which the 1st accused in the present

crime is the defacto complainant and Annexure-A is

the FIR registered in the said crime as Crime No.44

of 2019 of Vizhinjam Police Station. It is also

submitted by the petitioner that the issues have

been settled between the parties and Annexure-D is

the affidavit filed by the defacto complainant in

the present crime, stating that he has no grievance

or complaint as against the petitioner and the

entire issues have been settled between them and

submitted that he has no objection in the court

passing any appropriate orders. The further case of

the petitioner is that the 4th petitioner is already

granted anticipatory bail as is evident from

Annexure-E order.

5. Heard the learned counsel for the petitioner

and the learned Public Prosecutor.

6. The learned Public Prosecutor opposed the

application for bail and submitted that serious

injuries were sustained by the defacto complainant,

but the petitioner has no other criminal

antecedents. It is seen that the present crime is

registered as early as on 2018, it is seen that the

issues have been settled between the parties also.

It is seen that an interim order not to arrest the

petitioner was issued by this Court on 14.2.2022 and

it is continuing till now.

7. Having regard to the facts and circumstances

of the case, and considering the nature of the

allegations against the petitioner, the bail

application is allowed with the following

directions. The petitioner shall surrender before

the investigating officer on 15.07.2022. In the

event of arrest of the petitioners in Crime No.2047

of 2018 of Vizhinjam Police Station,

Thiruvananthapuram the petitioner shall be released

on bail on the following conditions:

(i) The petitioner shall execute a bond for

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) Petitioner shall appear before the

investigating officer in Crime No.2047/2018

of Vizhinjam Police Station as and when

summoned to do so;

(iii) Petitioner shall co-operate with the

investigation and make himself available

for interrogation whenever required;

(iv) Petitioner shall not tamper with any

evidence;

(v) Petitioner 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 him

from disclosing such facts to the court or

to any police officer;