Albin A @ Silu vs State Of Kerala
2023 Latest Caselaw 665 Ker

Citation : 2023 Latest Caselaw 665 Ker
Judgement Date : 12 January, 2023

Kerala High Court

Albin A @ Silu vs State Of Kerala on 12 January, 2023

          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. 130 OF 2023
 Crime No.1837/2022 of    Sasthamcotta Police Station, Kollam
                            District,
PETITIONER/ACCUSED:

          ALBIN A @ SILU
          AGED 22 YEARS
          S/O. APSARA, FISHERMEN COLONY, VALIYAPADAM,
          VILANTHARA P.O, WEST KALLADA,
          KOLLAM DISTRICT, PIN - 690521
          BY ADVS.
          ANJANA KANNATH
          FATHIMA MOHAN

RESPONDENT/STATE:

    1     STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
          KERALA, ERNAKULAM, PIN - 682031
    2     THE STATION HOUSE OFFICER
          SASTHAMCOTTA POLICE STATION, SASTHAMCOTTA P.O,
          KOLLAM DISTRICT, PIN - 690521
OTHER PRESENT:

          PP - SMT. NIMA JACOB


    THIS BAIL APPLICATION HAVING COME UP FOR
ADMISSION ON 12.01.2023, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
 B.A. No.130 of 2023              :2:




                        VIJU ABRAHAM, J.
         -- -- -- -- -- -- -- -- -- -- -- -- --
                       B.A. No.130 of 2023
         -- -- -- -- -- -- -- -- -- -- -- -- --
              Dated this the 12th day of January, 2023

                                 ORDER

This is an application for anticipatory bail.

2. The petitioner is accused No.3 in Crime No.1837/2022 of

Sasthamcotta Police Station, Kollam District, alleging commission

of offences punishable under Sections 341, 294(b), 323, 324 & 308

r/w Section 34 of the Indian Penal Code.

3. The prosecution allegation is that, on 04.12.2022 at 4.30

PM, the accused persons in furtherance of their common intention

and enmity towards the defacto complainant, assembled together

and the 1st accused restrained the bike of the defacto complainant

and his friend, used abused words and assaulted with an iron rod

on the head of the defacto complainant, causing injury and accused

Nos. 2 to 4 pushed down and fisted him on various parts of his

body and thus the accused have committed the aforesaid offences.

4. The learned counsel for the petitioner submitted that the

petitioner has been falsely implicated in the above said crime and

that even going by the prosecution allegation, no serious overtacts

are alleged against him. It is in fact the defacto complainant who

in a drunken stage, abused the petitioner and other accused

persons and attacked them with an iron rod and when the accused

persons tried to defend the attack by the defacto complainant, the

1st accused sustained injury. It is further submitted that accused

Nos. 1, 2 and 4 have already been granted regular bail by this

Court in B. A. No.10193/2022.

5. The learned Public Prosecutor upon instructions submitted

that the petitioner has an active role in the commission of the

offence and the allegation against the petitioner is that he has

fisted the defacto complainant. It is further submitted that the

petitioner has no other criminal antecedents.

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

and considering the nature of the allegations, I am of the opinion

that custodial interrogation of the petitioner 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

petitioner subject to stringent conditions. In the result, this

application is allowed. It is directed that the petitioner shall

surrender before the investigating officer on 18.01.2023, at 11

a.m, and subject himself 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 petitioner shall co-operate with the

investigation. In the event of arrest in Crime No.1837/2022 of

Sasthamcotta Police Station, Kollam District, 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) 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.1837/2022 of

Sasthamcotta Police Station, Kollam District, on every

Saturday, at 11 am, until the filing of the final report;

(iii) Petitioner shall appear before the investigating

officer in Crime No.1837/2022 of Sasthamcotta

Police Station, Kollam District, as and when

summoned to do so;

(iv) The petitioner 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.1837/2022 of Sasthamcotta

Police Station, Kollam District;