Rijesh K.B vs State Of Kerala
2022 Latest Caselaw 8824 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                 THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
        THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
                      BAIL APPL. NO. 2378 OF 2022
  (CRIME NO.169 OF 2022 OF KASARAGOD POLICE STATION, KASARAGOD)


PETITIONERS/ACCUSED 2, 3 & 6:

    1       RIJESH K.B, AGED 36 YEARS, SON OF K.J.BALAKRISHNAN,
            RESIDING AT BABY BHAVAN, NEAR SCOUT BHAVAN, OLATHIRI
            MOOLA,VIDYANAGAR P.O.,
             KASARAGOD DISTRICT., PIN - 671121.

    2       SUJESH K.B, AGED 33 YEARS, SON OF K.J.BALAKRISHNAN,
            RESIDING AT BABY BHAVAN,NEAR SCOUT BHAVAN, OLATHIRI
            MOOLA,VIDYANAGAR P.O.,
            KASARAGOD DISTRICT ., PIN - 671121.

    3       VINOD KUMAR C.P., AGED 35 YEARS
            SON OF PURUSHOTHAMAN, RESIDING AT OLATHIRI MOOLA,
            VIDYANAGAR P.O., KASARAGOD DISTRICT., PIN - 671121.

            BY ADVS.
            T.MADHU
            C.R.SARADAMANI
            SHAHID AZEEZ
            RENJISH S. MENON


RESPONDENTS/STATE:

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

    2       THE STATION HOUSE OFFICER, KASARAGOD POLICE STATION,
            KASARAGOD DISTRICT, PIN - 671121.



OTHER PRESENT:

            SR.PP - SMT. SEETHA S.


     THIS    BAIL   APPLICATION   HAVING    COME   UP   FOR   ADMISSION   ON
07.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NO. 2378 OF 2022
                                  2

                             ORDER

This is an application for anticipatory bail.

2. Petitioners are arrayed as the accused Nos.2, 3

and 6 in Crime No.169 of 2022 of Kasaragod Police Station,

alleging commission of offences punishable under Sections

143, 147, 148, 341, 323, 452, 324 r/w 34 of the Indian

Penal Code.

3. The prosecution allegation is that on 03.02.2022 at

23.00 hours, A1 to A6 formed themselves into an unlawful

assembly and committed rioting armed with deadly weapons,

wrongfully restrained the defacto complainant after

committing house trespass and caused hurt to the defacto

complainant and his son in prosecution of them common

object and thereby committed the aforesaid offences.

4. It is submitted that including the petitioners they

were altogether six accused and though the petitioners along

with the other accused moved an application for anticipatory BAIL APPL. NO. 2378 OF 2022

bail before the Sessions Court, Kasaragod, the bail

application in respect of the petitioners herein was dismissed

but accused Nos.1, 4 and 5 were granted anticipatory bail

as per Annexure-A1 order.

5. Learned Public Prosecutor upon instructions

submitted that the alleged incident happened in connection

with the dispute over a pathway and that the injuries

sustained by the defacto complainant are not so serious and

further that the petitioners have no other criminal

antecedents.

6. Having regard to the facts and circumstances of

the case and considering the fact that, accused Nos.1, 4 and

5 were granted anticipatory bail by the Sessions Court,

Kasaragod, I am inclined to grant anticipatory bail to the

petitioners subject to stringent conditions. In the result, the

bail application is allowed. It is directed that the petitioners

shall be released on bail in the event of arrest in Crime BAIL APPL. NO. 2378 OF 2022

No.169 of 2022 of Kasaragod Police Station, subject to the

following conditions:

(i) The petitioners shall execute a bond for a 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.169 of 2022 of Kasaragod Police Station,

on every Saturday at 11 am, until filing of final report;

(iii) The petitioners shall not attempt to interfere with

the investigation or to influence or intimidate the defacto

complainant or any witness in Crime No.169 of 2022 of

Kasaragod Police Station,

(iv) The 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.169 of 2022 of Kasaragod

Police Station, may file an application before the

jurisdictional court, for cancellation of bail.

It is made clear that it is within the power of the BAIL APPL. NO. 2378 OF 2022

police to investigate the matter and if necessary to effect

recoveries on the information if any given by 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

R.AV