Aji K John vs The State Of Kerala
2022 Latest Caselaw 3425 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                  THE HONOURABLE MR. JUSTICE GOPINATH P.
         TUESDAY, THE 22ND DAY OF MARCH 2022 / 1ST CHAITHRA, 1944
                       BAIL APPL. NO. 9860 OF 2021
AGAINST THE ORDER/JUDGMENT IN CRMP 2134/2021 OF DISTRICT COURT& SESSIONS
                            COURT,PATHANAMTHITTA


            CRIME NO.902/2021 OF ELAVUMTHITTA POLICE STATION,
                           PATHANAMTHITTA DISTRICT

PETITIONER/ACCUSED NO.3:

            AJI K JOHN
            AGED 37 YEARS, S/O.K.C.JOHN, KOCHU MURIYIL VEEDU,
            OMALLOOR P.O., OMALLOOR VILLAGE,
            PATHANAMTHITTA DISTRICT-689647.

            BY ADVS.
            MANU RAMACHANDRAN
            M.KIRANLAL
            R.RAJESH (VARKALA)
            T.S.SARATH
            SAMEER M NAIR
            GEETHU KRISHNAN
            HARSHA SUSAN SAM



RESPONDENT/COMPLAINANT/STATE:

     1      THE STATE OF KERALA
            REPRESENTED BY PUBLIC PROSECUTOR,
            HIGH COURT OF KERALA-682031.

     2      THE STATION HOUSE OFFICER
            POLICE STATION OF ELAVUMTHITTA, PATHANAMTHITTA DISTRICT
            PIN-689507.



OTHER PRESENT:

            SRI. M.C. ASHI (PP)



     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22.03.2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 B.A.No.9860/2021                    2


                            ORDER

This is an application for anticipatory bail.

2. Petitioner is the 3rd accused in Crime No.902/2021

of Elavumthitta Police Station, Pathanamthitta District

alleging commission of offences punishable under Sections

294(b), 324, 452, 427, 506 r/w 34 of the Indian Penal Code.

3. The allegation against the petitioner is that the

petitioner along with the other accused in the case

trespassed into the house of the de facto complainant and

assaulted the de facto complainant and his father and

thereby committed the offences alleged against him.

4. The learned counsel appearing for the petitioner

submits that only non-bailable offence alleged against the

petitioner is that under Section 452 of the Indian Penal

Code. It is submitted that the mother of the de facto

complainant has been living with the 1st accused in the case

for the past 7 years. It is submitted that the de facto

complainant and his father were occupying the house

belonging to the mother of the de facto complainant and

there were some issues regarding the same. It is submitted

that actually the brother of the petitioner herein was brutally

attacked by the de facto complainant and others as a result

of which Annexure-A2 First Information Statement has been

registered against him. It is submitted that the brother of

the petitioner had suffered very serious injuries including

injury to his brain as a result of the attack by the de facto

complainant and others. It is submitted that Crime No.

902/2021 was registered only as a counter blast to the

registration of Crime No.903/2021 of the very same Police

Station. It is submitted that at any rate the custodial

interrogation of the petitioner is absolutely not necessary in

the matter.

5. The learned Public Prosecutor opposes the grant

of bail. The circumstances of the case appearing form the

record are pointed out. It is submitted that there are clear

allegations against the petitioner and they cannot be viewed

lightly. However it is confirmed that at the instance of the

petitioner and others, Crime No.903/2021 of Elavumthitta

Police Station has been registered against the de facto

complainant and others.

6. Having regard to the facts and circumstances of

the case and considering the nature of the allegations, I am

of the opinion that the custodial interrogation of the

petitioner may not be necessary in the matter. I am of the

the view that the petitioner can be granted anticipatory bail

subject to the conditions.

7. In the result, this application is allowed. It is

directed that the petitioner shall be released on bail, in the

event of arrest in Crime No.902/2021 of Elavumthitta Police

Station, Pathanamthitta District subject to the following

conditions:-

(i) Petitioner shall execute 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) Petitioner shall appear before the investigating

officer in Crime No.902/2021 of Elavumthitta Police Station,

Pathanamthitta District at 10.00 A.M on 30-03-2022 & 31-

03-2022 and thereafter whenever called upon to do so;

(iii) Petitioner shall not attempt to contact the de facto

complainant or interfere with the investigation or to

influence or intimidate any witness in Crime No.902/2021 of

Elavumthitta Police Station, Pathanamthitta District;

(iv) Petitioner shall not involve in any other crime

while on bail.

If any of the aforesaid conditions are violated, the

Investigating officer in Crime No.902/2021 of Elavumthitta

Police Station, Pathanamthitta District may file an

application before the jurisdictional Court for cancellation of

bail.

Sd/-

GOPINATH P.

JUDGE

ats