Vineesh P. Nair vs State Of Kerala
2023 Latest Caselaw 130 Ker

Citation : 2023 Latest Caselaw 130 Ker
Judgement Date : 6 January, 2023

Kerala High Court

Vineesh P. Nair vs State Of Kerala on 6 January, 2023

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                    THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
         FRIDAY, THE 6TH DAY OF JANUARY 2023 / 16TH POUSHA, 1944
                         BAIL APPL. NO. 10595 OF 2022
PETITIONERS/ACCUSED NOS.1 & 3:

     1       VINEESH P. NAIR,AGED 36 YEARS
             S/O. PREMACHANDRAN NAIR,
             AGED 36 YEARS, RESIDING AT PANKAJ HOUSE,
             HOUSE NO. 114 B, SWATHI NAGAR LANE,
             PEROORKADA P.O., THIRUVANANTHAPURAM, PIN - 695005

     2       KIRAN .M,AGED 34 YEARS
             S/O. MURALEEDHARAN,
             AGED 34 YEARS, RESIDING AT UTHRADAM, MYLADI,
             PULIYARAKONAM P.O, VILAPPIL, THIRUVANANTHAPURAM, PIN -
             695573

             BY ADVS.
             A.CHANDRA BABU
             A.ABDUL HAKKIM


RESPONDENTS/STATE:

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

     2       SHO, PEROORKADA,
             PEROORKADA POLICE STATION,
             THIRUVANANTHAPURAM, PIN - 695005


OTHER PRESENT:

             PP:Seetha S


     THIS    BAIL     APPLICATION   HAVING    COME   UP   FOR   ADMISSION   ON
06.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 B.A. No.10595 of 2022           2

                  VIJU ABRAHAM, J.
                -------------------
               B.A. No.10595 of 2022
            ----------------------------
      Dated this the 6th day of January, 2023

                                ORDER

Application for anticipatory bail.

2. Petitioners are accused Nos.1 & 3 in Crime

No.1520 of 2022 of Peroorkada Police Station,

Thiruvananthapuram registered alleging commission of

offences punishable under Sections 294(b), 341, 451,

323, 325 r/w S.34 of IPC. Thereafter, on 17.12.2022

a report was filed deleting Section 451 and

incorporated Section 452 IPC.

3. The prosecution allegation is that, on

27.11.2022 the petitioners along with the 2nd accused

trespassed into the house of the defacto complainant

and inflicted injury, and thereby the accused

committed the above said offences.

4. The petitioners submit that they have been

falsely implicated in the above said crime and even

going by the prosecution allegation an offence under

Section 452 IPC is not attracted in the facts and

circumstances of the present case. Further case of

the petitioners is that the occurrence was on

27.11.2022, but the crime was registered only on

11.12.2022, there was an unexplained delay of 14

days in filing the FIR. Petitioners further submit

that they have no other criminal antecedents.

5. Heard the learned counsel for the petitioner

and the learned Public Prosecutor.

6. The learned Public Prosecutor opposed the

application for bail mainly contending that serious

overt acts are alleged against the 1st petitioner

who hit on the face of the defacto complainant and

he sustained serious injuries. Learned Public

Prosecutor further submitted that the petitioners

have no other criminal antecedents.

Having regard to the facts and circumstances of

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

opinion that custodial interrogation is not required

for the purpose of investigation and only a limited

custody be granted for the same. I am inclined to

grant anticipatory bail to the petitioners, but on

stringent conditions. The above bail application is

allowed with the following directions. The

petitioners shall surrender before the investigating

officer on 12.01.2023 and make themselves available

for interrogation on that day or on any other

day/days and time as directed by the investigating

officer. The petitioners shall co-operate with the

investigation. In the event of arrest of the

petitioners in Crime No.1520 of 2022 of

Peroorkada Police Station, they shall be produced

before the jurisdictional Court on the same day and

be released on bail on the following conditions:

(i) The petitioners shall execute a bond for sum of Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court;

(ii) The petitioners shall appear before the investigating officer in Crime No.1520 of 2022 of Peroorkada Police Station, on every Saturday at 11 am, till the final report is filed and also appear as and when summoned to do so;

(iii) The petitioners shall not tamper with any evidence;

(iv) The petitioners shall not directly or indirectly make any inducement, threat or promise

to any witness acquainted with them from disclosing such facts to the court or to any police officer;