Saju Xavier vs State Of Kerala Represented By The ...
2022 Latest Caselaw 7945 Ker

Citation : 2022 Latest Caselaw 7945 Ker
Judgement Date : 29 June, 2022

Kerala High Court

Saju Xavier vs State Of Kerala Represented By The ... on 29 June, 2022

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                 THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
         WEDNESDAY, THE 29TH DAY OF JUNE 2022 / 8TH ASHADHA, 1944
                       BAIL APPL. NO. 4341 OF 2022
         CRIME NO.470/2022 OF KILIKOLLUR POLICE STATION, KOLLAM


PETITIONER/ACCUSED NO.2:

            SAJU XAVIER
            AGED 38 YEARS
            S/O XAVIER
            THALAYATTUVILA PUTHEN VEEDU
            MANGAD PO
            KOLLAM (DIST) - 691015

            BY ADV M.RAJESH



RESPONDENTS/COMPLAINANTS:

     1      STATE OF KERALA REP. BY PUBLIC PROSECUTOR
            HIGH COURT OF KERALA
            ERNAKULAM - 682031

     2      THE SUB INSPECTOF OF POLICE
            KILIKOLLUR POLICE STATION
            KILIKOLLUR PO, KOLLAM (DIST) - 691004


OTHER PRESENT:

            PP - SMT. NIMA JACOB




     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29.06.2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BA No.4341 of 2022                                     2



                                 VIJU ABRAHAM, J.
                 .................................................................
                               B.A. No.4341 of 2022
                 .................................................................
                    Dated this the 29th day of June, 2022


                                          ORDER

This is an application for anticipatory bail.

2. Petitioner is the 2nd accused in Crime No.470 of 2022 of

Kilikollur Police Station, Kollam registered alleging commission of offences

punishable under Sections 294(b), 323, 324, 341, and 308 read with

Section 34 of the Indian Penal Code.

3. The prosecution case, in brief, is as follows: The defacto

complainant is the brother-in-law of 1st accused. 1st accused is living

separately with his wife due to certain family issues. On 17.05.2022 the

defacto complainant had reached near the house of 1st accused for

meeting his friend. Then the 1st accused invited the defacto complainant to

his house under the pretext of settling the family issues and when the

defacto complainant reached there, the 1st accused assaulted him by

slapping on his face. Accused 2 and 3 who are the friends of 1 st accused

and who were present at the scene of occurrence, also manhandled the

defacto complainant. 2nd accused beaten the defacto complainant on his

head with a beer bottle which caused injuries on his head and thus

committed the abovesaid offences.

4. Petitioner submits that he has been falsely implicated in the

abovesaid crime. In fact what has happened is that the defacto

complainant came to the house of 1st accused under the influence of

alcohol and abused him and physically assaulted him causing injury. On

hearing the scream of 1st accused the petitioner along with 3rd accused in

the crime had reached the spot and the petitioner attempted to prevent the

defacto complainant from escaping from the scene by catch hold of him for

handing over him to police. The 3rd accused in the crime had also

sustained grievous injuries at the hands of the defacto complainant.

Aggrieved by the act of the petitioner the defacto complainant falsely

implicated him and 3rd accused in the crime. Based on the complaint of

the defacto complainant, the 2nd respondent had registered the abovesaid

crime against the petitioner and accused 1 and 3. It is submitted that the

3rd accused has sustained serious injuries in the abovesaid incident. To

substantiate the same, the petitioner had produced Annexure-3 wound

certificate. It is further submitted that accused Nos.1 and 3 are already

arrested and released on bail.

5. Learned Public Prosecutor upon instructions submitted that

the recovery is already effected and that the petitioner has no other

criminal antecedents.

6. Taking into consideration the facts and circumstances of the

case and the fact that the recovery is already effected and that the

petitioner has no other criminal antecedents and also considering the fact

that accused 1 and 3 in the abovesaid crime are already arrested and

released on bail, I am inclined to grant pre-arrest bail to the petitioner.

Therefore, the bail application is allowed. It is directed that in

the event of arrest of the petitioner in connection with Crime No.470 of

2022 of Kilikollur Police Station, Kollam, he shall be released on bail on

the following conditions:

(i) Petitioner shall execute a bond for a sum of Rs.50,000/-

(Rupees fifty thousand only) with two solvent sureties each for

the like sum to the satisfaction of the jurisdictional Court.

(ii) He shall appear before the investigating officer as and when

required and co-operate with the investigation.

(iii) He 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;