Kerala High Court
Biju S vs State Of Kerala on 17 January, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
TUESDAY, THE 17TH DAY OF JANUARY 2023 / 27TH POUSHA, 1944
BAIL APPL. NO. 10432 OF 2022
Crime No.1221/2022 of Mangalapuram Police Station,
PETITIONER/ACCUSED:
BIJU S.
AGED 45 YEARS
S/O SASI S.,
PANAYILVEEDU, KANDAL,
PALLIPPURAM P.O., TRIVANDRUM., PIN - 695316
BY ADVS.
C.Y.VINOD KUMAR
C.ANILKUMAR (KALLESSERIL)
AADIL NAZARUDEEN
RESPONDENTS/STATE & INVESTIGATING OFFICER:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
2 STATION HOUSE OFFICER
MANGALAPURAM POLICE STATION,
MANGALAPURAM, TRIVANDRUM.
PIN - 695501
BY SRI. M.C.ASHI (PP)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
17.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 10432 OF 2022 2
VIJU ABRAHAM, J
BA No.10432 of 2022
th
Dated this the 17 day of January, 2023
O R D E R
This is an application for anticipatory bail.
2. Petitioner is the accused in Crime No.1221/2022 of
Mangalapuram Police Station, alleging commission of offences
punishable under Sections 323, 324 & 394 of IPC.
3. The prosecution allegation is that the defacto
complainant and his friends were attacked by the accused and
a gold chain worth of Rs.1,00,000/- was robbed and thereby
the accused has committed the aforesaid offences.
4. Heard the learned counsel for the petitioner and the
learned Public Prosecutor.
5. The learned counsel for the petitioner submitted that
he has been falsely implicated in the aforesaid crime. While
the petitioner was on his way to Medical Shop near
Kaniyapuram Railway Gate, he saw a wordy altercation
between some persons near to Shaj Hotel. When the petitioner
and other persons gathered there interfered to pacify the
situation, there occurred some wordy altercations and scuffle
and one person got injured in the scuffle. The persons
indulged in the scuffle were under the influence of liquor.
Thereafter the situation was pacified, and the petitioner went
to his house after buying the medicines.
6. The learned Public Prosecutor upon instructions
submitted that the defacto complainant and his friends were
attacked by the accused and they snatched away a gold chain
of worth Rs.1,00,000/-. The learned Public Prosecutor further
submitted that the first accused was already arrested and that
the petitioner has no other criminal antecedents.
7. Considering the facts and circumstances of the case
and the nature of the allegations and taking into consideration
that the petitioner has no other criminal antecedents, I am of
the opinion that custodial interrogation of the petitioner may
not be required for the purpose of the investigation and only a
limited custody be granted for the same, I am inclined to grant
anticipatory bail to the petitioner.
In the result, this application is allowed. Petitioner shall
surrender before the investigating officer in Crime
No.1221/2022 of Mangalapuram Police Station, on 23.01.2023
at 11 am and make himself available for interrogation on that
day of any other day/days (between 9 AM and 6 PM) as
directed by the Investigating Officer. The petitioner shall co-
operate with the investigation. It is directed that in the event of
arrest of the petitioner in Crime No.1221/2022 of
Mangalapuram Police Station, he shall be produced before the
Jurisdictional Court on the same day and he shall be released
on bail subject to the following conditions:-
(i) The petitioner shall execute a bond for a
sum of Rs.50,000/- (Rupees fifty thousand
only) with two solvent sureties each for the
likesum to the satisfaction of the Jurisdictional
Court.
(ii) The petitioner shall appear before the
investigating officer in Crime No.1221/2022 of
Mangalapuram Police Station, on every
Saturday at 11.00 am for a period of two
months from today.
(iii) Petitioner shall report to the investigating
officer as and when required for the
investigation,
(iv) The petitioner shall not attempt to
influence the defacto complainant or interfere
with the investigation or to influence or
intimidate any witness in Crime No.1221/2022
of Mangalapuram Police Station,
(v) The 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.1221/2022 of Mangalapuram
Police Station, 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 petitioner even when
the petitioner is 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
R.AV
