Vishnu Vardhan vs State Of Kerala
2023 Latest Caselaw 26 Ker

Citation : 2023 Latest Caselaw 26 Ker
Judgement Date : 6 January, 2023

Kerala High Court

Vishnu Vardhan 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. 10654 OF 2022
PETITIONERS/ACCUSED Nos. 1 to 4:

    1       VISHNU VARDHAN, AGED 25 YEARS
            S/O.VENUGOPAL, REMANI NIVAS,
            THIRUMALA BHAGOM P.O, THURAVOOR,
            ALAPPUZHA DISTRICT, PIN - 688540
    2       VENUGOPAL, AGED 63 YEARS
            S/O.LATE PRABHAKARAN, REMANI NIVAS,
            THIRUMALA BHAGOM P.O, THURAVOOR,
            ALAPPUZHA DISTRICT, PIN - 688540
    3       DR.VEENA VENUGOPAL, AGED 31 YEARS
            D/O.VENUGOPAL, REMANI NIVAS,
            THIRUMALA BHAGOM P.O, THURAVOOR,
            ALAPPUZHA DISTRICT, PIN - 688540
    4       REMANI, AGED 57 YEARS
            W/O.VENUGOPAL, REMANI NIVAS,
            THIRUMALA BHAGOM P.O, THURAVOOR,
            ALAPPUZHA DISTRICT, PIN - 688540
            BY ADVS.
            VIVEK VENUGOPAL
            BASIL CHANDY VAVACHAN


RESPONDENT/COMPLAINANT:

STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 BY ADV PUBLIC PROSECUTOR M.C.ASHI

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: B. A. No. 10654 of 2022

Dated, this the 6th day of January, 2023

This is an application for anticipatory bail.

2. The petitioners are accused Nos. 1 to 4 in Crime No.

988/2022 of Kuthiyathodu Police Station, Alappuzha District

alleging commission of offence punishable under Sections 323,

341, 326, 294(b), 506(i) read with Section 34 of the Indian Penal

Code.

3. The prosecution allegation is that, on the enmity that

the defacto complainant has obtained a favourable order from the

Judicial First Class Magistrate Court -I, Cherthala in CMP. No.

4673/2022 in MC. No. 51/2022 to see his child, accused Nos. 1 to

4 along with two other identifiable accused persons assaulted the

defacto complainant at the residence of the accused persons at

11:30 a.m. on 29.12.2022. It is further alleged that the 1 st

accused had hit the defacto complainant with 'Idi Vala' resulting

in a nasal bone fracture. It is also alleged that the 2 nd accused

had kicked the defacto complainant and the other two identifiable

persons wrongfully restrained the defacto complainant and had

also hit him with their hands and thus the accused have

committed the above said offences.

B. A. No. 10654 of 2022

4. The learned counsel for the petitioners submitted that

they have been falsely implicated in the above said crime. The

accused persons are the members of the same family. The 2 nd

accused is the father, the 4th accused is the mother and the 1st

and 3rd accused are their son and daughter respectively. The

defacto complainant herein is the husband of the 3 rd accused.

The alleged incident took place inside the house of the accused

persons. The defacto complainant is the actual aggressor. The

3rd accused is a doctor by profession married to the defacto

complainant. The defacto complainant has obtained an order

from the learned Magistrate for visitorial right to visit his child

during 10 a.m. and 1 p.m. on 29.12.2022. Even though the court

has permitted the visitorial right from 10 a.m. to 1 p.m., the

defacto complainant came to the house most earlier at 9 a.m. to

create issues. He insisted that he should be allowed to see the

child at 9 a.m. Some verbal altercation happened between the

defacto complainant and the petitioners. The defacto complainant

had tried to assault the 3rd petitioner and the brother of the 2 nd

accused was called to intervene in the matter and an intimation

was given to the Station House Officer, Kuthiyathodu Police B. A. No. 10654 of 2022

Station. He came to the house of the accused persons. After the

SHO went out after solving the issue the defacto complainant

came inside the house of the accused persons and started to

create issues again. The first petitioner has sustained injuries

and was admitted in K.V.M. Hospital, Cherthala. Based on his

statement a crime was registered as Crime No. 990 of 2022

wherein the defacto complainant is arrayed as an accused.

5. The learned Public Prosecutor seriously opposed the

application for bail mainly contending that the defacto

complainant came to visit his child on the strength of an order

passed by the learned magistrate, he was attacked by the

petitioners. Learned Public Prosecutor further submits that he

sustained injuries including fracture on his nasal bone. Learned

Public Prosecutor also submitted that the petitioners have no

other criminal antecedents.

6. Having regard to the facts and circumstances of the case

and considering the nature of the allegations, 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 B. A. No. 10654 of 2022

12.01.2023, at 11 a.m, and subject themselves for interrogation.

The petitioners shall co-operate with the investigation. In the

event of arrest in Crime No. 988/2022 of Kuthiyathodu Police

Station, Alappuzha District Police Station, 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) The 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.988/2022 of

Kuthiyathodu Police Station, Alappuzha District, on

every Saturday, at 11 am, for a period of one month

and thereafter appear as and when summoned to do

so;

(iii) The petitioners shall not interfere with the

investigation or to influence or intimidate any

witness in Crime No. 988/2022 of Kuthiyathodu

Police Station, Alappuzha District ;

B. A. No. 10654 of 2022

(iv) 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. 988/2022 of Kuthiyathodu

Police Station, Alappuzha District 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 any of the petitioners, even when the

petitioners are on bail as per the judgment of the Apex Court in