Nishad O. A vs State Of Kerala
2022 Latest Caselaw 7039 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                 THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
         FRIDAY, THE 17TH DAY OF JUNE 2022 / 27TH JYAISHTA, 1944
                          BAIL APPL. NO. 3729 OF 2022
     CRIME NO.340/2022 OF Perumpetty Police Station, Pathanamthitta
PETITIONERS/accused 2 to 5:

     1     NISHAD O. A
           AGED 32 YEARS
           S/O O. S. ABDUL RAHIMAN, CHOORAKKUTTITHADATHIL,
           KULATHOOR P.O, VAIPUR, PATHANAMTHITTA - 689588
     2     JUBIN M. R
           AGED 33 YEARS
           S/O RAJU, MURUTHALAPOOVAM (H), KULATHOOR P.O, VAIPUR,
           PATHANAMTHITTA - 689588
     3     SABU @ PRASAD N.K
           AGED 40 YEARS
           S/O KUTTY, NEDUMPALA (H), KULATHOOR P.O, VAIPUR,
           PATHANAMTHITTA - 689588
     4     SATHEESH KUMAR. K
           AGED 44 YEARS
           S/O KUNJUNJUKUTTY, NEDUMPALA (H), KULATHOOR P.O, VAIPUR,
           PATHANAMTHITTA - 689588
           BY ADVS.
           V.S.CHANDRASEKHARAN
           LEKSHMI SWAMINATHAN
           M.V.DAS
           S.JAYAKUMAR
           C.A.SABITHA
           SAJNA T.UMMER


RESPONDENT/COMPLAINANT:

           STATE OF KERALA REPRESENTED BY THE STATION HOUSE OFFICE,
           PERUMPETTY POLICE STATION, (THROUGH THE PUBLIC
           PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM)
           BY   SR.PUBLIC PROSECUTOR SRI M.C.ASHI



     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17.06.2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BA No.3729 of 2022                              2




                                 VIJU ABRAHAM, J.
                 .................................................................
                               B.A. No.3729 of 2022
                 .................................................................
                    Dated this the 17th day of June, 2022

                                          ORDER

This is an application for anticipatory bail.

2. Petitioners are accused 2 to 5 in Crime No.340 of 2022 of

Perumpetty Police Station, Pathanamthitta alleging commission of offences

punishable under Sections 143, 147, 148, 447, 294(b), 324 and 326 read

with Section 149 of the Indian Penal Code. The allegation against the

petitioners is that in furtherance of their common object they formed

themselves into an unlawful assembly and attacked the defacto

complainant with a stick and thereby the defacto complainant sustained

fracture below his right knee. Thus the petitioners committed the offences

alleged.

3. The case of the petitioners is that they have been falsely

implicated in the abovesaid crime. The defacto complainant is one having

serious criminal background and addicted to ganja and is causing serious

disturbances to the local people especially to women, and the women in

the locality have preferred Annexure-A2 complaint against him. Further

complaints were also submitted by the people of the locality as is evident

from Annexure-A3. The petitioners further submitted that the defacto

complainant sustained injury due to a fall and not as a result of any overt

act as alleged by the prosecution.

4. Heard the learned counsel for the petitioners and the learned

Public Prosecutor.

Taking into consideration the facts and circumstances of

the case and the nature of the allegations, I am inclined to grant

anticipatory bail to the petitioners on conditions. In the result, the bail

application is allowed. It is directed that the petitioners shall be released on

bail in the event of their arrest in Crime No.340 of 2022 of Perumpetty

Police Station, Pathanamthitta subject to the following conditions:

(i) 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 appear before the investigating officer on 22nd, 23rd

and 24th of June, 2022 for interrogation and thereafter as and when

required by the investigating officer.

(iii) They shall co-operate with the investigation and shall not

directly or indirectly make any inducement, threat or promise to any person

acquainted with the facts of the case so as to dissuade him from disclosing

such facts to the court or to any police officer.

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

If any of the aforesaid conditions are violated, the investigating

officer may file an application before the 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 any of 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

cks

APPENDIX OF BAIL APPL. 3729/2022

PETITIONER ANNEXURES Annexure1 A TRUE COPY OF THE FIR IN CRIME NO. 340/2022 OF PERUMPETTY POLICE STATION Annexure2 A TRUE COPY OF THE COMPLAINT LODGED BY THE KUDUMBASHREE WOMENS IN WARD 11 Annexure3 A TRUE COPY OF THE COMPLAINT LODGED BY MR.

SABU, KOTTANGAL CONGRESS AREA PRESIDENT BEFORE THE DISTRICT POLICE CHIEF, PATHANAMTHITTA