Kerala High Court
Anandhu vs State Of Kerala on 20 January, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 20TH DAY OF JANUARY 2023 / 30TH POUSHA, 1944
BAIL APPL. NO. 328 OF 2023
Crime No.1362/2022 of Pandalam Police Station,
Pathanamthitta
PETITIONER/ACCUSED:
1 ANANDHU
AGED 23 YEARS
S/O. REGHUNATHAN, AGED 23 YEARS,
APPAZHANJAYIL, MANAPPALLY, SRPM.P.O., THAZAVA,
KARUNAGAPPALLY, KOLLAM - 690 539.
2 ABHIRAJ (AHIJITH RAJ)
AGED 22 YEARS
S/O.HARIRAJ, AGED 22 YEARS,
SREERAGAM, THAMARAKULAM.P.O., THAMARAKULAM,
ALAPPUZHA - 690 530.
3 ABHIJITH
AGED 22 YEARS
S/O.MURALI, AGED 22 YEARS,
KUTTIVADAKATHIL, KOTTAKKATTUSSERY, LS P O.,
NOORANAD.P.O., ALAPPUZHA - 690 504.
4 JYOTHISH KUMAR
AGED 21 YEARS
S/O.V.K.RAJU, AGED 21 YEARS,
VALLUVATHIL, KOMBAYAR.P.O., PONNAMKANI,
PARATHOD, IDUKKI - 685 552.
5 ANANDHU
AGED 21 YEARS
S/O.SUNIL KUMAR, AGED 21 YEARS,
KARTHIKA, KAVUMPAD, NOORANAD.P.O.,
ALAPPUZHA - 690 504.
BY ADVS.SUMAN CHAKRAVARTHY
K.R.RIJA
AMJATH A.R
RAHUL S.NATH
B.A. No.328 of 2023 :2:
RESPONDENT/STATE:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
ADDL. 2 NARAYANAN P.S
S/O SUNIL KUMAR, PANACKAL PUTHEN VEEDU, EDAPPULLI
JARAM ROAD, KARACKADU, GURUVAYOOR P.O,
GURUVAYOOR,THRISSUR DISTRICT ( IMPLEADED AS PER
ORDER DATED 20.01.2023 IN CRL.MA NO.1/2023)
BY ADVS.
MANU RAMACHANDRAN
M.KIRANLAL
R.RAJESH (VARKALA)
SAMEER M NAIR
GEETHU KRISHNAN
SAILAKSHMI MENON
OTHER PRESENT:
PP: SMT. NIMA JACOB
THIS BAIL APPLICATION HAVING COME UP FOR
ADMISSION ON 20.01.2023, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
B.A. No.328 of 2023 :3:
VIJU ABRAHAM, J.
-- -- -- -- -- -- -- -- -- -- -- -- --
B.A. No.328 of 2023
-- -- -- -- -- -- -- -- -- -- -- -- --
Dated this the 20th day of January, 2023
ORDER
This is an application for anticipatory bail.
2. The petitioners are accused Nos. 1 to 3, 5 and 6 in Crime
No.1362/2022 of Pandalam Police Station, Pathanamthitta,
alleging commission of offences punishable under Sections 294(b),
506, 324 and 326 of the Indian Penal Code.
3. The prosecution allegation is that, on 22.12.2022 at about 6
pm, accused 1 to 6 assaulted the defacto complainant with an iron
rod and thus committed the aforesaid offences.
4 .The learned counsel for the petitioners submitted that they
have been falsely implicated in the above said crime. It is also
submitted that the petitioners are students and during the
Christmas celebration the defacto complainant and his friends
created some issues with the girls and there was an altercation
between various students and in the said incident the defacto
complainant suffered injuries at the hands of other students who
were present there. It is further submitted that the petitioners
have no other criminal antecedents and that they are ready and
willing to co-operate with the investigation.
5. The defacto complainant entered appearance through
counsel and seriously opposed the application for bail mainly
contending that the defacto complainant sustained serious injuries
in the alleged incident and further that the accused persons
repeated the attack on 18.01.2023 also.
6. The learned Public Prosecutor upon instructions submitted
that in the alleged incident, the defacto complainant sustained
injuries including nasal bone fracture. It is further submitted that
the petitioners have no other criminal antecedents.
7. Having regard to the facts and circumstances of the case
and considering the nature of the allegations and also taking note
of the fact that the petitioners are students and they have no other
criminal antecedents, I am of the opinion that custodial
interrogation of the petitioners may not be required for the
purpose of investigation and only a limited custody be granted for
the same. Therefore, 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 on 31.01.2023, at 11 a.m, and subject
themselves for interrogation on that day and on any other day/days
(in between 9 am and 6 pm) as directed by the investigating officer.
The petitioners shall co-operate with the investigation. In the event
of arrest in Crime No.1362/2022 of Pandalam Police Station,
Pathanamthitta, they shall be produced before the jurisdictional
Court on the very same day and shall be released on bail, subject
to the following conditions:-
(i) Petitioners shall execute a bond for a 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.1362/2022 of
Pandalam Police Station, Pathanamthitta , on every
Saturday, at 11 am, for a period of one month;
(iii) Petitioners shall appear before the investigating
officer in Crime No.1362/2022 of Pandalam Police
Station, Pathanamthitta as and when summoned to do
so;
(iv) The petitioners shall not attempt to (contact the
victim or the defacto complainant) or interfere with
the investigation or to influence or intimidate any
witness in Crime No.1362/2022 of Pandalam Police
Station, Pathanamthitta;
(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.1362/2022 of Pandalam Police
Station, Pathanamthitta 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 any of 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
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