Kerala High Court
Vivek @ Paappu vs State Of Kerala on 15 December, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 15TH DAY OF DECEMBER 2023 / 24TH AGRAHAYANA, 1945
BAIL APPL. NO. 10132 OF 2023
CRIME NO.1522/2023 OF Vilappilssala Police Station,
Thiruvananthapuram
AGAINST THE ORDER/JUDGMENT CRMC 2860/2023 OF ADDITIONAL
DISTRICT COURT & SESSIONS COURT - IV, THIRUVANANTHAPURAM / I
ADDITIONAL MACT
PETITIONER
VIVEK @ PAAPPU,
AGED 26 YEARS
S/O. VIJAYAN,BINITHA BHAVAN, KURIKANMUGAL
NADATHATTUVILA VEEDU, VILAPPILSALA P.O., VIAPPIL,
PEYAD, THIRUVANANTHAPURAM DISTRICT, PIN - 695573
BY ADV SHAJIN S.HAMEED
RESPONDENT
STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
OTHER PRESENT:
SRI. M.C. ASHI, PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
15.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A. No. 10132 of 2023
2
MOHAMMED NIAS C.P, J.
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B.A. No. 10132 of 2023
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Dated this the 15th day of December, 2023
ORDER
Apprehending arrest in Crime No.1522 of 2023 of
Vilappilsala police station registered for offences under Sections
294(b), 323, 324 and 308 of IPC, the 2nd accused/petitioner has
filed this petition seeking pre-arrest bail.
2. The prosecution allegation is that, on 08.10.2023 at
about 19.00 hours, while the defacto complainant was smoking
near Vilappil Government Hospital, the accused persons who
reached there in a motorbike questioned him for his presence at
the said place. Due to the enmity that the defacto complainant
failed to answer, the 1st accused assaulted him. It is alleged that
1st accused abused him and fisted on his nose. While the 2nd
accused caught hold of the defacto complainant, the 1st accused
tried to stab on his stomach, which was warded off by him. The
petitioner along with other accused has, therefore, committed the
aforesaid offences.
3. The learned counsel appearing for the petitioner and the
learned Public Prosecutor were heard.
4. The learned Counsel for the petitioner submits that the
petitioner has been falsely implicated in the case.
The learned Public Prosecutor submits on instructions that
the matter is settled between the parties.
Considering the fact that a settlement has been arrived
between the parties as evident from Annexure B, I am inclined to
grant anticipatory bail to the petitioner on the following
conditions:-
1. The petitioner is directed to surrender before the
Investigating Officer within a week from today, and on such
surrender, the Investigating Officer can interrogate the
petitioner. In the event of his arrest, the Investigating officer
shall produce the petitioner before the jurisdictional court on
the date of surrender itself.
2. On such production, the jurisdictional court shall
release the petitioner on bail, on executing a bond for
Rs.25,000/- (Rupees Twenty five thousand only) by the
petitioner and by two solvent sureties each for the like sum to
the satisfaction of the jurisdictional court.
3. The petitioner shall cooperate with the investigation
and shall make himself available for interrogation and for
investigation as and when the Investigating Officer directs
him to do so.
4. The petitioner shall not intimidate the witnesses or
interfere with the Investigation in any manner.
5. The petitioner shall not be involved in any offence
while on bail.
6. If any of the above conditions are violated, the court
concerned will be empowered to take steps for cancellation
of bail as per law.
Sd/-
MOHAMMED NIAS C.P
smm JUDGE
APPENDIX OF BAIL APPL. 10132/2023
PETITIONER ANNEXURES
Annexure-A PHOTOCOPY OF THE FIR IN CRIME
NO.1522/2023 OF VILAPPILSALA POLICE
STATION.
Annexure-B AFFIDAVIT SWORN BY THE DE FACTO
COMPLAINANT IN CRIME NO.1522/2023 OF
VILAPPILSALA POLICE STATION.
Annexure-C PHOTOCOPY OF THE ORDER DATED
03/11/2023 IN CRL.M.C.NO.2860/2023 OF
THE ADDITIONAL SESSIONS COURT-IV,
THIRUVANANTHAPURAM.
