Kerala High Court
Noushad Kuniyil 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. 9877 OF 2022
PETITIONER/ACCUSED:
NOUSHAD KUNIYIL
AGED 40 YEARS
KUNIYIL HOUSE, PINANGODE P.O, WAYANAD DISTRICT, PIN -
673121
BY ADVS.
NIRMAL V NAIR
M.ANEESH
MUHAMMED NASEEF BIN SALIM
ARATHI PRABHAKARAN
DELLA ABRAHAM
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
SMT. SEETHA S (PP)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20.01.2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Bail Appln. No. 9877 of 2022 2
VIJU ABRAHAM , J.
===========================
Bail Appln. No. 9877 of 2022
============================
Dated this the 20th day of January, 2023
ORDER
This is an application for anticipatory bail.
2. The petitioner is the sole accused in Crime No. 443/2022
of Vythiri Police Station, Wayanad District alleging commission of
offences punishable under Sections 324, 326 and 341 of the
Indian Penal Code.
3. The gist of the prosecution case is that, on 31-10-2022 at
about 9.00 P.M, the accused hit the defacto complainant's arm
with a stone when he tried to stop the accused from manhandling
his father, which resulted in a fracture in his arm and thereby
accused has committed the alleged offences.
4. The petitioner submitted that he has been falsely
implicated in the above said crime. The actual state of facts is
that on the date of alleged incident, the defacto complainant and
his accomplices waylaid the petitioner in front of Gramin Bank,
punched the petitioner on his back, hit him with a stick resulting
in injuries to the petitioner and they pushed his motorcycle on to
the street causing damages. Thereupon a crime was registered
as Crime No. 444/2022 of Vythiri Police Station against the
defacto complainant and his accomplices. The present crime is
registered only as a retaliation and petitioner had no relation with
such incident.
5. The learned Public Prosecutor upon instructions
submitted that petitioner attempted to attack the father of the
defacto complainant and when the defacto complainant
interfered with the same, he was attacked with a stone and he
sustained injury to his right hand. The learned Public Prosecutor
further submitted that the petitioner has no other criminal
antecedents.
6. Considering the facts and circumstances of the case and
nature of the allegation, I am of the opinion that custodial
interrogation may not be required for the purpose of
investigation, but only a limited custody be granted for the same.
Therefore, I am inclined to grant anticipatory bail to the
petitioner.
In the result, this application is allowed. The Petitioner shall
surrender before the Investigating Officer in Crime No. 443/2022
of Vythiri Police Station on 25.01.2023 at 11 AM and shall make
himself available for interrogation on that day or any other
day/days (between 9 AM and 6 PM) as directed by the
Investigating Officer. The petitioner shall co-operate with the
investigation. In the event of arrest of the petitioner in Crime No.
443/2022 of Vythiri Police Station, he shall be produced before the
jurisdictional Court on the very same day and shall be released on
bail subject to the following stringent 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 like-sum to the satisfaction of the
Jurisdictional Court;
(ii) The petitioner shall appear before the investigating
officer in Crime No. 443/2022 of Vythiri Police Station, on
every Saturday at 11.00 a.m. for a period of one month.
(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.
443/2022 of Vythiri 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. 443/2022 of Vythiri 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
sbk/-
