Vishnu.C.S vs State Of Kerala
2023 Latest Caselaw 374 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
    WEDNESDAY, THE 11TH DAY OF JANUARY 2023 / 21ST POUSHA, 1944
                     BAIL APPL. NO. 10521 OF 2022
   AGAINST THE ORDER/JUDGMENTCRMC 2719/2022 OF DISTRICT COURT &
                      SESSIONS COURT, ERNAKULAM


PETITIONER/ACCUSED NO.4:

           VISHNU.C.S
           AGED 23 YEARS
           S/O.SAJEEVAN,
           KIZHAKKEAYYAMVELI HOUSE, PULLARDESOM,
           PALLURUTHY P.O., KOCHI - .
           PIN - 682005
           BY ADVS.
           K.C.SANTHOSHKUMAR
           K.K.CHANDRALEKHA


RESPONDENT/STATE & COMPLAINANT:

     1     STATE OF KERALA
           REPRESENTED PUBLIC PROCECUTOR, HIGH COURT OF KERALA,
           COCHIN, PIN - 682031
     2     THE STATION HOUSE OFFICER
           PALLURUTHY POLICE STATION,
           ERNAKULAM CITY, ERNAKULAM - ., PIN - 682005
           BY SRI. M.C. ASHI (PP)



     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11.01.2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 Bail Appln. No. 10521 of 2022       2


                        VIJU ABRAHAM , J.
            ===========================
                 Bail Appln. No. 10521 of 2022
            ============================
             Dated this the 11th day of January, 2023


                                  ORDER

This is an application for anticipatory bail.

2. The petitioner is the 4th accused in Crime No. 1889/2022

of Palluruthy Police Station, Ernakulam District alleging

commission of offences punishable under Sections 323, 326 and

427 read with Section 149 of the Indian Penal Code.

3. The prosecution allegation is that, six persons on

20.11.2022 at about 6.10 in the evening, attacked the defacto

complainant causing injury to his left elbow and other parts of the

body. It is also alleged that the defacto complainant lost gold

chain weighing 3 sovereigns and thereby the accused have

committed the alleged offences.

4. The petitioner submitted that he has been falsely

implicated in the above said crime and that he has absolutely no

criminal antecedents. Even going by the First Information Report,

there is no indication regarding the involvement of the petitioner

in the above said crime.

5. The learned Public Prosecutor upon instructions submitted

that serious overt act of attacking the defacto complainant with a

wooden reaper is on the 1 st accused. The allegation against the

petitioner is that he was also present along with the 1 st accused.

The learned Public Prosecutor further submitted that petitioner

has no other criminal antecedents.

6. Considering the facts and circumstances of the case and

nature of allegation, I am of the opinion that custodial

interrogation of the petitioner is not required for the purpose of

the investigation, but 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. 1889/2022

of Palluruthy Police Station on 18.01.2023 at 11 AM and shall make

himself available for interrogation on that day or any other

day/days (between 9 AM to 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. 1889/2022 of

Palluruthy 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. 1889/2022 of Palluruthy Police

Station, on every Saturday at 11.00 a.m. until filing of the

final report.

(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.

1889/2022 of Palluruthy 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. 1889/2022 of Palluruthy 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/-