Ajayakumar vs State Of Kerala
2023 Latest Caselaw 662 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                 THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
       THURSDAY, THE 12TH DAY OF JANUARY 2023 / 22ND POUSHA, 1944
                      BAIL APPL. NO. 10470 OF 2022
  AGAINST THE ORDER/JUDGMENTCRMP 1362/2022 OF DISTRICT COURT & SESSIONS
                             COURT,KOTTAYAM
         CRIME NO.861/2022 OF ETTUMANOOR POLICESTATION, KOTTAYAM
PETITIONER/SOLE ACCUSED:

           AJAYAKUMAR,AGED 52 YEARS
           S/O. SOMANADHAN,SASI NIVAS,
           PANOOR PO,KANNUR DISTRICT
           BY ADV P.K.BABU


RESPONDENT/S:

           STATE OF KERALA
           REP. BY PUBLIC PROSECUTOR,
           HIGH COURT OF KERALA,
           KOCHI-31

OTHER PRESENT:

           PP - NIMA JACOB



     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12.01.2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BA No.10470 of 2022                         2



                                 VIJU ABRAHAM, J.
                 .................................................................
                               B.A. No.10470 of 2022
                 .................................................................
                 Dated this the 12th day of January, 2023

                                          ORDER

Application for anticipatory bail.

2. Petitioner is the sole accused in Crime No.861 of 2022 of

Ettumanoor Police Station, Kottayam registered alleging commission of

offences punishable under Sections 294(b), 506, 324 and 308 of the

Indian Penal Code.

3. The allegation levelled against the petitioner/accused is that

on 22.05.2022 at 6.45 p.m. he called the defacto complainant Mahesh

Ragavan into the front place of the JCM lodge and during the quarrel

petitioner/accused stabbed on the neck of the defacto complainant with a

knife and while the defacto complainant tried to resist and prevent the

same with his left hand, he got injury in the inner side of the palm of left

hand and thereafter petitioner/accused ran away from the site. If the

defacto complainant not resisted the stab with his left hand it would have

become a murder. Thus the petitioner has committed the abovesaid

offences.

4. Petitioner submits that he has been falsely implicated in the

abovesaid crime. It is in fact the defacto complainant who attacked and

kicked the petitioner and there occurred a scuffle and the defacto

complainant's hand hit on a metal board whereby the alleged injuries were

sustained. Petitioner submits that he has no other criminal antecedents.

5. Learned Public Prosecutor opposed the application for bail

mainly contending that the petitioner has collected amounts from various

persons in the locality and tried to defraud them and this was questioned

by the defacto complainant and thereupon he was attacked. Learned

Public Prosecutor upon instructions submitted that the petitioner is not

involved in any other crimes.

Considering the facts and circumstances of the case and the

nature of the allegations, I am inclined to grant anticipatory bail to the

petitioner granting a limited custody for the purpose of investigation. In the

result, the application is allowed. The petitioner shall surrender before the

Investigating Officer in Crime No.861 of 2022 of Ettumanoor Police

Station, Kottayam on 18.01.2023 and shall make himself available for

interrogation on that day or on any other day/days between 9.00 a.m. and

6.00 p.m. as directed by the investigating officer. The petitioner shall co-

operate with the investigation. In the event of the arrest of the petitioner in

Crime No.861 of 2022 of Ettumanoor Police Station, Kottayam, he 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 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) He shall appear before the investigating officer in Crime No.861

of 2022 of Ettumanoor Police Station, Kottayam as when required

by the investigating officer.

(iii) He shall not attempt to influence the defacto complainant or

interfere with the investigation or to influence or intimidate any

witness in Crime No.861 of 2022 of Ettumanoor Police Station,

Kottayam.

(iv) He shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating

officer in Crime No.861 of 2022 of Ettumanoor Police Station, Kottayam

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

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