Kerala High Court
Anandhu vs State Of Kerala on 27 September, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
TUESDAY, THE 27TH DAY OF SEPTEMBER 2022 / 5TH ASWINA, 1944
BAIL APPL. NO. 5413 OF 2022
CRIME NO.740/2022 OF SASTHAMCOTTA POLICE STATION, KOLLAM
PETITIONER/ACCUSED NO.1:
MITHUN MOHAN
AGED 23 YEARS
AYANIVILA PADINJATTATHIL, THOTTUMUGHAM P.O.,
SOUTH MYNAGAPALLY, KOLLAM., PIN - 690519
BY ADVS.
GOKUL D. SUDHAKARAN
VAISHNAV DATH S.
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, KOCHI, PIN -
682031
2 THE SUB INSPECTOR OF POLICE
SASTHAMCOTTA POLICE STATION, KOLLAM., PIN - 690521
BY ADV
PP - SRI. M.C.ASHI
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
27.09.2022, ALONG WITH Bail Appl..5747/2022, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
BA Nos.5413 & 5747 of 2022
.. 2 ..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
TUESDAY, THE 27TH DAY OF SEPTEMBER 2022 / 5TH ASWINA, 1944
BAIL APPL. NO. 5747 OF 2022
CRIME NO.740/2022 OF SASTHAMCOTTA POLICE STATION, KOLLAM
PETITIONER/ACCUSED NO.2:
ANANDHU
AGED 23 YEARS
S/O SUJATHA, ANANDHU BHAVAN, MYNAGAPPALLY P.O,
SOUTH MYNAGAPPALLY, KOLLAM DISTRICT., PIN - 690519
BY ADVS.
NIRMAL V NAIR
ANEES.T
M.ANEESH
MUHAMMED NASEEF BIN SALIM
ARATHI PRABHAKARAN
RESPONDENT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
27.09.2022, ALONG WITH Bail Appl..5413/2022, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
BA Nos.5413 & 5747 of 2022
.. 3 ..
VIJU ABRAHAM, J.
====================
B.A. Nos.5413 & 5747 of 2022
====================
Dated this the 27th day of September, 2022
ORDER
These are applications for Anticipatory Bail.
2. BA No.5413/2022 is filed by the 1 st accused and BA
No.5747/2022 is filed by the 2 nd accused in Crime No.740/2022 of
Sasthamcotta Police Station, Kollam alleging commission of
offences punishable under Sections 341, 294 (b), 323, 324, 326,
427 and Section 34 of the IPC.
3. The prosecution case is that, on 19.05.2022 at about
9.30 pm, while the de facto complainant was returning from work
and when he reached Chakravilasam Public School, the 1 st accused
and the 2nd accused/petitioner waylaid him and thereafter A1
kicked and threw him down after uttering obscene words towards
him. The petitioner punched the de facto complainant on his face,
shoulder and abdomen. Thereafter A1 called A3 and A4 over the
phone, and A3 and A4 after reaching the place attacked the de
facto complainant with a roof tile and caused fracture on his nose
BA Nos.5413 & 5747 of 2022
.. 4 ..
and forehead. It is further alleged that during the course of the
incident, the de facto complainant lost an amount of Rs.15,600/-
which was in his possession and thereby committed the aforesaid
offences.
4. The learned counsel for the petitioners submitted that
the petitioners are falsely implicated in the above said crime and
they have absolutely no role in the alleged incident.
5. The learned Public Prosecutor opposed the application
for bail mainly contending that all the accused including the
petitioners have an active role in the commission of the offence
but serious overt acts are alleged against the 3 rd and 4th accused.
It is further submitted that the petitioners have no other criminal
antecedents.
6. Having regard to the facts and circumstances of the
case and considering the nature of the allegations taking into
consideration that the petitioners have no other criminal
antecedents and no serious overt acts are alleged against them,
I am inclined to grant bail to the petitioners subject to stringent
conditions. In the result, this application is allowed. It is directed
that the petitioners shall surrender before the investigating officer
BA Nos.5413 & 5747 of 2022
.. 5 ..
on 30.09.2022, at 11 a.m. and subject themselves for
interrogation on that day or any other day/days as directed by the
investigating officer, in the event of arrest of the petitioners in
Crime No.740/2022 of Sasthamcotta Police Station, Kollam, the
petitioners shall be produced before the jurisdictional magistrate
on the same day and shall be released on bail, subject to the
following conditions:-
(i) Petitioners 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) Petitioners shall appear before the
investigating officer in Crime No.740/2022 of
Sasthamcotta Police Station, Kollam, as and
when summoned to do so;
(iii) Petitioners shall not attempt to interfere
with the investigation or to influence or intimidate
any witness in Crime No.740/2022 of
Sasthamcotta Police Station, Kollam;
(iv) The petitioners shall not enter the
BA Nos.5413 & 5747 of 2022
.. 6 ..
jurisdictional limit of Sasthamcotta Police Station,
Kollam for a period of one month;
(v) The petitioners shall not involve in any other
crime while on bail.
If any of the aforesaid conditions are violated, the
investigating officer in Crime No.740/2022 of Sasthamcotta Police
Station, Kollam, 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 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
ded/27.09.2022
