Bijumon.R vs State Of Kerala, Represented By ...
2022 Latest Caselaw 6336 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
           THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
   FRIDAY, THE 3RD DAY OF JUNE 2022 / 13TH JYAISHTA, 1944
                 BAIL APPL. NO. 1795 OF 2022
   AGAINST CRIME NO.1233/2020 OF VATTAPPARA POLICE STATION
PETITIONER/S:

          BIJUMON.R
          AGED 43 YEARS
          S/O.REGHUNATHAN NAIR,SANGEETHA BHAVAN, NETTARA,
          KUTHIRAKULAM.P.O.
          MANIKKAL, VEMBAYAM, THIRUVANANTHAPURAM - 695 615,
          BY ADV SUMAN CHAKRAVARTHY

RESPONDENT/S:

          STATE OF KERALA, REPRESENTED BY ITS PUBLIC
          PROSECUTOR, HIGH COURT OF KERALA,
          ERNAKULAM 682 031

OTHER PRESENT:

          PP - SRI. M.C.ASHI


    THIS BAIL APPLICATION HAVING COME UP FOR
ADMISSION ON 03.06.2022, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
 B.A. No. 1795 of 2022           :2:




                     VIJU ABRAHAM, J.
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                    B.A. No.1795 of 2022
        -- -- -- -- -- -- -- -- -- -- -- -- --
              Dated this the 3rd day of June, 2022

                               ORDER

This is an application for anticipatory bail.

2. The petitioner is the 13 th accused in Crime No.1233/2020

of Vattappara Police Station. The offences alleged against the

petitioner are under Section 143, 147, 148, 341, 294(b), 323,

506(ii), 452, 324, 427, 326, 308 and 149 of the Indian Penal

Code(IPC).

3. The prosecution allegation is that the accused 1 to 14,

who are employees of M/s.Covenant Stones, along with 15 th

accused, a local resident, trespassed in to the company compound

on 22.07.2020 at about 13.30 hrs and assaulted the management

employees of M/s.Covenant Stones in connection with a salary

dispute. A final report has already been filed (Annexure 1) in C.P.

No.66/2021, before the Judicial First Class Magistrate Court-I,

Negumangadu.

4. The contention of the petitioner is that he has been

wrongly shown as the accused in the said crime. He further

contended that this happened due to the enmity of the quarry

owners as against the petitioner, due to filing of various

complaints and litigations against running of the quarry as is

evident from Annexure 2 to 5, produced along with the bail

application. Now, due to non-appearance of the petitioner, a

non-bailable warrant has been issued by the magistrate court.

The petitioner, relying on Annexure 8 Adhaar Card, also

contended that his father's name is Raghunathan Nair and one

Bijumon R., son of Reghuthaman Pillai is seen impleaded as

accused in the said case. The petitioner's case is that he is totally

innocent as against the charges leveled against him and he is

falsely implicated in the crime.

5. The learned Public Prosecutor, upon instructions,

submitted that the investigating officer has already filed a petition

to correct the aforesaid mistake in name.

6. Having regard to the facts and circumstances of the case

and considering the nature of the allegations, I feel that the

petitioner should approach the Jurisdictional Magistrate Court by

filing an application to recall the non-bailable warrant, and if such

an application is filed, there shall be a direction to consider and

dispose of the petition on the very same day. To facilitate the

petitioner to do so, the interim order "not to arrest" granted by

this Court will continue for a period of 10 days.

7. Petitioner further made a submission that he may be

granted liberty to challenge the steps taken by the Investigating

Officer for the correction sought to be made in the final report. It

goes without saying that the petitioner is at liberty to challenge

the same, in accordance with law.

The bail application is disposed as above.

Sd/-

VIJU ABRAHAM JUDGE sm/

APPENDIX OF BAIL APPL. 1795/2022

PETITIONER ANNEXURES Annexure1 A TRUE COPY OF THE FINAL REPORT IN CRIME NO.1233/2020 OF VATTAPPARA POLICE STATION Annexure2 TRUE COPY OF THE JUDGMENT DATED 24.09.2021 IN W.P(C) NO.19404/2021 Annexure3 TRUE COPY OF THE JUDGMENT DATED 21.05.2020 IN W.P(C) NO.10035/2020 BY THIS HON'BLE COURT Annexure4 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE DIRECTOR, MINING & GEOLOGY Annexure5 TRUE COPY OF THE HEARING NOTICE DATED 26.10.2021 FROM THE UNDER SECRETARY TO GOVERNMENT Annexure6 TRUE COPY OF THE CASE HISTORY OF CP 66/21 OF JFCM NEDUMANGAD AS AVAILABLE ON THE E-COURT WEBSITE Annexure7 PROCEEDINGS IN CP 66/21 OF JFCM ON 22.02.22 NEDUMANGAD AS AVAILABLE ON THE E-COURT WEBSITE Annexure8 TRUE COPY OF THE ADHAAR CARD OF THE PETITIONER