Anjana V Benny vs State Of Kerala
2023 Latest Caselaw 2421 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
              THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
     FRIDAY, THE 24TH DAY OF FEBRUARY 2023 / 5TH PHALGUNA, 1944
                      BAIL APPL. NO. 1278 OF 2023
         CRIME NO.0021/2023 OF ALOOR POLICE STATION, Thrissur
  AGAINST THE ORDER/JUDGMENT IN CRMC 61/2023 OF ADDITIONAL DISTRICT
                            COURT, THRISSUR
PETITIONERS/ACCUSED NOS.24, 25 AND 28:

     1      ANJANA V BENNY
            AGED 25 YEARS
            D/O. BENNY MATHEW, VETTATHU HOUSE,
            ADAKKATHODE P.O., KELAKAM,KANNUR DIST.,
            PIN - 670674
     2      AMALA V BENNY
            AGED 23 YEARS
            D/O. BENNY MATHEW, VETTATHU HOUSE,
            ADAKKATHODE P.O., KELAKAM,KANNUR DIST.
            PIN - 670674
     3      BINCY
            AGED 39 YEARS
            W/O. SHIJU, MUTTATHETTU HOUSE,
            ARAMBHA NAGAR, MURIYAD P.O.,
            THRISSUR DIST., PIN - 680683
            BY ADVS.
            B.G.HARINDRANATH
            AMITH KRISHNAN H.
            M.GOPIKRISHNAN
            LEJO JOSEPH GEORGE


RESPONDENT/STATE:
           STATE OF KERALA
           REPRESENTED BY PUBLIC PROSECUTOR,
           HIGH COURT OF KERALA, PIN - 682031
           BY.SRI.S.SANGEETHARAJ, PUBLIC PROSECUTOR
     THIS   BAIL   APPLICATION   HAVING    COME   UP   FOR   ADMISSION   ON
24.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NO. 1278 OF 2023
                                2

                             ORDER

Dated this the 24th day of February, 2023

Anticipatory bail plea at the instance of accused Nos.24, 25

and 28 in crime No.21/2023 of Aloor police station is the crux of

this petition filed under Section 438 of the Code of Criminal

Procedure.

2. Heard the learned counsel for the petitioners as well

as the learned Public Prosecutor.

3. I have perused the case diary as such placed by the

learned Public Prosecutor.

4. The prosecution case emanates from the case diary is

that at about 18.15 hours on 05.01.2023 accused Nos.1 to 59,

who hatched conspiracy to commit culpable homicide not

amounting to murder of one Sajan Scaria and his father Shaji

Mathayi, formed into unlawful assembly with knowledge that they

are all members of the said assembly, after armed with weapons BAIL APPL. NO. 1278 OF 2023

and thereafter they assaulted Sajan and Shaji in their attempt to

commit culpable homicide. The prosecution would allege that the

defacto complainant, Adwin Shaji and Anwin Shiji were travelling

in KL 24 D 9000 Fortuner car, they were restrained in front of

Kapara kadavu and assaulted. The prosecution allegation is that

the mob attacked the defacto complainant and Adwin Shaji and

Anwin Shiji by using knife, iron pipe, wooden stick, rock piece

etc, but the defacto complainant and his brothers survived. On

this premise, the prosecution alleges commission of offence

punishable under Sections 143, 144, 148, 109, 283, 323, 324,

307, 427, 120B and 149 of IPC.

5. While pressing for anticipatory bail to the petitioners,

the learned counsel for the petitioners would submit that the

petitioners are innocent and they are ladies and home makers.

Due to difference of opinion in between them, there occured

scuffle and this crime emerged after the said scuffle. Further, it is BAIL APPL. NO. 1278 OF 2023

submitted that the allegations as to commission of serious

offence including 307 of IPC could not be justified even by the

prosecution records and therefore, the petitioners, who have no

antecedents and home makers are liable to be released on bail.

Further, they are ready to abide by any conditions as a pre-

requisite for grant of anticipatory bail to aid the matter of

investigation.

6. Whereas the learned Public Prosecutor strongly

opposed grant of bail and submitted that the accused attacked

the defacto complainant and others due to animosity arose out of

the occurrence whereby the defacto complainant and his family

left the 'Zion Sabha' and also published morphed photographs of

one Nisha Sebastian. It is submitted further that law and order

situation prevailing at the place of occurrence is sensitive and if

the petitioners will be released on bail, there is likelihood of

further clashes in between them and accordingly, they are not BAIL APPL. NO. 1278 OF 2023

liable to be released on bail. He also pointed out the necessity of

arrest, custodial interrogation and recovery of weapons.

7. On perusal of the case diary, the allegation is confined

to attacks against the defacto complainant, and others on the

premise that they have left 'Zion Sabha' and also published

morphed photograph of one among the members of the said

Sabha. The prosecution alleges use of knife, iron rod, pepper

spray etc. by the mob, apart from use of hands, legs, foot wares

etc.

8. On perusal of wound certificate pertaining to 5

persons, who alleged to have sustained injuries, in fact, only

minor injuries were noted and no serious injuries diagnosed. The

main allegation is against accused Nos.1 to 5 on the submission

that they are the persons, who led the attack and the petitioners

also there and accordingly, they are got arrayed as 24, 25 and

28 accused respectively. In the report of the Investigating Officer, BAIL APPL. NO. 1278 OF 2023

it is stated that after the occurrence also, two more crimes were

registered. Viz, crime No.24/2023 under Section 354A(1)(i),

294(b), 323, 324 of IPC and Section 8 r/w 7 of POCSO, crime

No.26/2023 under Section 144, 148, 342, 323, 324, 506, 427

r/w.149 of IPC & Section 5 of Kerala Prevention of Damage to

Private Property pament and compensation Act 2019 and crime

No.27/2023 under Section 341, 325 and 308 of IPC and one

among the offence is under Section 7 of POCSO.

9. Having appraised the facts of the case in the context

of involvement of 59 persons and the same appears to be a

protest in between the difference of opinion prevailing in between

two groups, arrest and custodial interrogation are not necessary,

and meaningful investigation is possible by directing the

petitioners to subject themselves for interrogation and to aid the

investigation. Hence, I am inclined to grant anticipatory bail to the

petitioners herein, on conditions, and with specific direction to BAIL APPL. NO. 1278 OF 2023

them to subject themselves for interrogation for the purpose of

investigation and recovery of weapon, if any, at their instance.

Accordingly, the bail application stands allowed and the

petitioners can be enlarged on bail, on the following conditions:

i. The petitioners shall surrender before the Investigating Officer within ten days from today and on such surrender, the Investigating Officer can question the petitioners and can recover the weapons, if any, at their instance. In the event of arrest of the petitioners, the Investigating Officer shall produce the petitioners before the jurisdictional court on the date of arrest itself. ii. On such production, the jurisdictional court shall release the petitioners on bail, on executing bond for Rs.30,000/- (Rupees thirty thousand only) each by themselves and by two solvent sureties, each for the like sum to the satisfaction of the jurisdictional court.

iii. The petitioners shall co-operate with investigation and shall be made available for interrogation and BAIL APPL. NO. 1278 OF 2023

for the purpose of investigation, as and when the Investigating Officer directs so. Further they shall appear before the Investigating Officer on all Wednesdays between 9 am and 10 am for six weeks from the date of their surrender.

iv. The petitioners shall not intimidate the witnesses or interfere with the investigation in any manner. v. The petitioners shall not commit any offence during currency of this bail and any such involvement is a reason to cancel the bail hereby granted.

Sd/-

A. BADHARUDEEN JUDGE nkr BAIL APPL. NO. 1278 OF 2023

APPENDIX OF BAIL APPL. 1278/2023

PETITIONER ANNEXURES Annexure-A1 TRUE COPY OF THE ORDER DATED 06.02.2023 BY THE I ADDITIONAL SESSIONS JUDGE (SESSIONS JUDGE-IN-CHARGE), THRISSUR Annexure-A2 A TRUE COPY OF THE COMMUNICATION DATED 10.01.2023 RECEIVED FROM THE CWC IN RESPONSE TO AN RTI ENQUIRY Annexure-A3 A TRUE COPY OF THE COMPLAINT DATED 05.01.2023 FILED BEFORE SHO, ALOOR POLICE STATION Annexure-A4 A TRUE COPY OF THE COMPLAINT DATED 09.01.2023 FILED BEFORE THE DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM Annexure-A5 A TRUE COPY OF THE FIR FILED BY THE DEFACTO COMPLAINANT (FIR NO. 21/23) ON THE FILES OF ALOOR POLICE STATION AGAINST THE PETITIONERS DATED 06.01.2023 Annexure-A6 A TRUE COPY OF THE FIR FILED BY MRS.BINU VARGHESE AND HER MINOR DAUGHTER DATED 06.01.2023