Viswanadh vs The Sub Inspector Of Police
2022 Latest Caselaw 6617 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
             THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
   THURSDAY, THE 9TH DAY OF JUNE 2022 / 19TH JYAISHTA, 1944
                 BAIL APPL. NO. 9005 OF 2021
      CRIME NO. 788/2021 OF MANANTHAVADY POLICE STATION
AGAINST THE ORDER/JUDGMENT IN CRMC 609/2021 OF DISTRICT COURT
    & SESIONS & MOTOR ACCIDENT CLAIMS TRIBUNAL ,KALPETTA
PETITIONER/S:
     1    VISWANADH
          AGED 27 YEARS
          S/O SUKUMARAN,
          VALSALLYAM,
          THATTARUMBAKKAD,
          AKATHETHARA POST,
          PALAKKAD DISTRICT, PIN-678008.
     2    MOHAMMED IBRAHIM
          AGED 47 YEARS
          S/O MOHAMMED ALI,
          ALIF MANZIL, CHULLIMADA,
          PUTHUSSERY VILLAGE,
          KANJIKKODE P.O,
          PALAKKAD DISTRICT-678621.
  ADDL.3 SULFIKKAR A., S/O SUBAITHA C.A.,MANOLIPARAMBU,
          VATTEKKUNNAM, NORTH EDAPPPALLY P.O.THRIKKAKARA
          NORTH, ERNAKULAM-682024
            (IMPLEADED AS ADDL.RESPONDENT NO.3 AS PER CRL.MA
            NO.1/2022)
            BY ADVS.K.NIRMALAN, V.JOHN MANI, T.R.KRISHNADAS
RESPONDENT/S:
    1     THE SUB INSPECTOR OF POLICE,
          MANANTHAVADY POLICE STATION, WAYANAD DISTRICT.
    2     STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
          KERALA, ERNAKULAM.
OTHER PRESENT:

            PP - SRI. M.C.ASHI
      THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09.06.2022,

THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 B.A. No.9005 of 2021             :2:




                     VIJU ABRAHAM, J.
        -- -- -- -- -- -- -- -- -- -- -- -- --
                    B.A. No.9005 of 2021
        -- -- -- -- -- -- -- -- -- -- -- -- --
              Dated this the 9th day of June, 2022

                                ORDER

This is an application for anticipatory bail.

2. The petitioners are accused Nos. 2 and 3 in Crime No.

788/2021 of Mananthavady Police Station, alleging commission of

offence punishable under Sections 323, 324, 363, 326, 379, 506

r/w 34 of Indian Penal Code.

3. The prosecution allegation is that, on 11.01.2021 in

Mananthavady amsom at Santhinagar, accused Nos. 1 to 11

including petitioners, called the defacto complainant intimating

him that they wanted to discus some business dealings with him

and inside a building, they wrongfully restrained the defacto

complainant, demanded an amount of 80,00,000 (Rupees Eighty

lakhs only) from him, beat him with hands and a hammer on his

head and thereafter, took him to Palakkad hurling a threat that

they would do away with him and they also made the defacto

complainant sign cheques and stamp papers and committed theft

of a sum of 1,36,000/- (Rupees One lakh and thirty six thousand

only) from the possession of the defacto complainant. At last, the

petitioners and others dropped the defacto complainant at

Coimbatore Railway Station on 12.01.2021 at night.

4 .The learned counsel for the petitioner submitted that the

petitioner moved an application before the Sessions Court,

Kalpetta, which was dismissed as per Annexure A4 order. He also

submitted that all other accused except the petitioner have

surrendered and released on bail. The petitioner further

submitted that he is ready to surrender before the Investigating

Officer and seek bail.

5. The learned Public Prosecutor seriously opposed the bail

application mainly contending that the allegations against the

petitioners are very serious in nature and the defacto complainant

sustained serious injuries in the said incident including "fracture

anterior aspect of left petrous temporal bone with haemosinus of

mastoid".

6. The defacto complainant got himself impleaded in this bail

application and he also seriously opposed the application for bail.

7. Having regard to the facts and circumstances of the case,

and in view of the serious nature of injuries sustained to the

defacto complainant, I am not inclined to grant bail to the

petitioner.

At this time, the learned counsel for the petitioner submitted

that he will surrender before the Investigating Officer and seek

bail. Recording the said submission, the bail application is closed.

Sd/-

VIJU ABRAHAM JUDGE sm/

APPENDIX OF BAIL APPL. 9005/2021

PETITIONER ANNEXURES Annexure 1 COPY OF THE AGREEMENT BETWEEN DEFACTO COMPLAINANT & PETITIONER DATED 15.01.2021 ANNEXURE II COPY OF COMPLAINT FILED BY THE PETITIONERS BEFORE THE HONOURABLE CHIEF MINISTER ANNEXURE III COPY OF THE ORDER IN B.A.6208/2021 DATED 08.10.2021 ANNEXURE IV COPY OF THE ORDER DATED CRL.MC NO.609/2021 DATED 27.10.2021