Rojin Rojo vs State Of Kerala
2022 Latest Caselaw 9077 Ker

Citation : 2022 Latest Caselaw 9077 Ker
Judgement Date : 27 July, 2022

Kerala High Court

Rojin Rojo vs State Of Kerala on 27 July, 2022

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                   THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
          WEDNESDAY, THE 27TH DAY OF JULY 2022 / 5TH SRAVANA, 1944
                         BAIL APPL. NO. 5556 OF 2022
            CRIME NO.790/2022 OF Pampady Police Station, Kottayam
PETITIONER/ACCUSED :
      1      ROJIN ROJO,AGED 24 YEARS, S/O.ROJO ABRAHAM
             MADAYANKAL HOUSE
             ANICKADU EAST P.O, PALLICKATHODU
             KOTTAYAM - 686503

     2      PRAVEEN MOHANAN,AGED 26 YEARS,S/O.P.K.MOHANAN
            PUTHENPARAMBIL HOUSE
            RUBBER BOARD P.O, PUTHUPPALLY P.O
            KOTTAYAM, PIN - 686009

     3      JINU JOHN,AGED 29 YEARS, S/O.JOHN P.P.
            VALAYIL HOUSE
            PUTHUPPALLY P.O, KOTTAYAM, PIN - 686009

     4      SARATH KUMAR T,AGED 28 YEARS
            VADUTHALAKARAYILL HOUSE
            ANICKADU P.O, PALLICKATHODU
            KOTTAYAM, PIN - 686503

     5      ANANDHU RAJU, aged 26 years, S/O.P.G.RAJU,
            PARAPPALLIKKUNNEL HOUSE
            ARUVIKUZHY P.O, PALLICKATHODU P.O
            KOTTAYAM, PIN - 686503

            BY ADVS.
            K.S.ARUN KUMAR
            RAJEE P MATHEWS
            AMRUTHA P S
            AMRUTHA K P
            VIJAY SANKAR V.H.
            SRUTHY UNNIKRISHNAN


RESPONDENT/STATE:
             STATE OF KERALA
             REPRESENTED BY PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA, ERNAKULAM - 682031

            BY SR. PUBLIC PROSECUTOR SMT.SEETHA S.


     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27.07.2022, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BA No.5556 of 2022                                      2




                                VIJU ABRAHAM, J.
                .................................................................
                                B.A.No.5556 of 2022
                .................................................................
                    Dated this the 27th day of July, 2022


                                          ORDER

This is an application for anticipatory bail.

2. 1. Petitioners are arrayed as accused Nos.1 to 5 in Crime

No.790 of 2022 of Pampady Police Station, Kottayam District registered

alleging commission of offences punishable under Sections 143, 147.

148, 294(b), 452, 427, 324 and 506(i) read with Section 149 of Indian

Penal Code and Section 3 read with Section 5 of the Kerala Prevention

of Damage to Private Property and Payment of Compensation Act,

2019.

3. The prosecution case is that on 24 05 2022 at about 02.00

a.m., the petitioners have formed an unlawful assembly, in front of the

residence of the defacto complainant, then the petitioners have

trespassed in to the house. The 1st accused had assaulted the defacto

complainant using a hockey stick and when the friends of the defacto

complainant interfered, they also were attacked by the petitioners. The

petitioners were destroyed window panes of the residence of the defacto

complainant causing loss to the tune of Rs.1,500/- to the defacto

complainant. Thus, the accused have allegedly committed the abovesaid

offences.

4. Petitioners submits that they have been falsely implicated in

the abovesaid crime and that they have no other criminal antecedents.

5. Learned Public Prosecutor upon instructions submitted that

the alleged incident has happened as a continuation of the disputes

between two groups in a college regarding placing of posters, etc. It is

further submitted upon instructions that the petitioners have no other

criminal antecedents.

Considering the facts and circumstances of the case and the fact

that the petitioners have no other criminal antecedents, I feel that the

petitioners are entitled for bail but on stringent conditions. Therefore, the

bail application is disposed of with the following directions. The

petitioners shall surrender before the investigating officer on 04.08.2022

and co-operate with the investigation. In the event of arrest of the

petitioners in connection with Crime No.790 of 2022 of Pampady Police

Station, Kottayam, they shall be produced before the jurisdictional

Magistrate and shall be released on bail on the following conditions:

(i) The petitioners shall execute a bond for 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) They shall co-operate with the investigation and make

themselves available for interrogation whenever required;

(iii) They shall not tamper with any evidence;

(iv) They 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;

(v) They shall not involve in any other crime while on bail.

(vi) They shall make a deposit of Rs.750/- (Rupees seven

hundred and fifty only) or furnish bank guarantee for the

said amount as mandated as per Section 8 of the Damage

to Private Property and Payment of Compensation Act,

2019, before the jurisdictional court.

If any of the aforesaid conditions are violated, the

Investigating Officer in Crime No.790 of 2022 of Pampady Police

Station, Kottayam may file an application before jurisdictional 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

cks