Kerala High Court
Biju C. Chummar 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. 2924 OF 2022
PETITIONER/ACCUSED NO.2:
BIJU C. CHUMMAR, AGED 47 YEARS,
S/O CHUMMAR, CHITILAPPALLY HOUSE,
KARIKKAD DESOM, KARIKKAD P.O., KADAVALLUR VILLAGE,
THRISSUR DISTRICT, PIN - 680519
BY ADVS.
ANAND KALYANAKRISHNAN
C.DHEERAJ RAJAN
RESPONDENT/STATE:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
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. 2924 of 2022 2
VIJU ABRAHAM, J.
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B.A. No. 2924 of 2022
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Dated this the 6th day of July, 2022
ORDER
This is an application for anticipatory bail.
2. Petitioner is the accused in Crime No.473 of
2022 of Kunnamkulam Police Station, registered
alleging commission of offences punishable under
Sections 341, 323, 324, 308 r/w 34 IPC.
3. The prosecution allegation is that on
03.04.2022, at about 10.30 pm, the 1st accused caused
disturbance to the persons who came to Vidya Bar for
consuming alcohol which was stopped by the staffs
therein and in the result, a scuffle occurred. It
is further alleged that the 1st accused swayed a
knife over the owner of the bar namely Govindankutty
@ Mani and committed the above said offences. The
1st accused also swayed the knife towards the staff
of the bar namely Baaji and Prajeesh. It is further
alleged by the prosecution that another identifiable
person beat the persons with his hands causing
injuries.
4. The petitioner submits that he has been
falsely implicated in the above said crime. It is
in fact the petitioner, who has attacked by the
defacto complainant and that a crime was registered
in respect of the incident as Crime No.474 of 2022
and in the said incident petitioners suffered
fracture injuries, etc. The further case of the
petitioner is that, the accused in the said crime as
Crime No.474 of 2022 have already been granted
anticipatory bail by this Court in B.A.No.3169 of
2022.
5. Heard the learned counsel for the petitioner
and the learned Public Prosecutor.
6. The learned Public Prosecutor opposed the
application for bail submitted that the injuries are
severe, but submitted that petitioner has no other
criminal antecedents.
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 16.07.2022. In the
event of arrest of the petitioner in Crime No.473 of
2022 of Kunnamkulam Police Station, 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 on all Mondays at 10
am, till final report is filed;
(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;
(vi) Petitioner shall not involve in any
other crime while on bail;
(vii) Petitioner shall not leave India
without permission of the jurisdictional
court.
If any of the aforesaid conditions are violated,
the Investigating Officer in Crime No.473/2022 of
Kunnamkulam 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 the petitioner even when the petitioner
is 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
