Akash vs State Of Kerala
2023 Latest Caselaw 927 Ker

Citation : 2023 Latest Caselaw 927 Ker
Judgement Date : 17 January, 2023

Kerala High Court

Akash vs State Of Kerala on 17 January, 2023

                   IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                      PRESENT

                    THE HONOURABLE MR.JUSTICE VIJU ABRAHAM

          TUESDAY, THE 17TH DAY OF JANUARY 2023 / 27TH POUSHA, 1944

                             BAIL APPL. NO. 393 OF 2023

              CRIME NO.820/2022 OF MANNAR POLICE STATION, ALAPPUZHA

PETITIONER/ACCUSED NO.1:

              AKASH
              AGED 21 YEARS, S/O GOPAKUMAR, GOPALAYAM, PADINJAREVAZHY
              VEETIL,THRIPERUMTHURA P.O, CHENNITHALA, CHENGANNUR TALUK,
              ALAPPUZHA DISTRICT., PIN - 690105
              BY ADVS.
              AJITH MURALI
              MOHANAN M.K.


RESPONDENT:

              STATE OF KERALA
              REPRESENTED BY THE PUBLIC PROSECUTOR,
              HIGH COURT OF KERALA, ERNAKULAM., PIN - 682031

              BY ADV
              SRI.M.C.ASHI - PP



      THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17.01.2023, THE

COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BA No.393 of 2023
                                        .. 2 ..




              VIJU ABRAHAM, J.
        ====================
             B.A. No.393 of 2023
        ====================
                       Dated this the 17th day of January, 2023


                                   ORDER

This is an application for anticipatory bail.

2. Petitioner is the 1st accused in Crime No.820 of 2022

of Mannar Police Station, Alappuzha registered alleging

commission of offences punishable under Sections 143, 147,

148, 452, 324, 308 r/w Section 149 of IPC.

3. The prosecution allegation is that, the defacto

complainant lodged a complaint before the Mannar Police

Station on 26.12.2022 alleging that on 25.10.2022 at about

21.45 hours, the accused have formed into an unlawful

assembly during a 'Carol' forcefully trespassed in to the

premises of the defacto complainant, attacked the defacto

complainant and the fellow workers with wooden stick and hand

and they sustained injuries.

4. The learned counsel for the petitioner submitted that

he is falsely implicated in the above said crime. It is further

submitted that the petitioner never assaulted the defacto

complainant and never attempted to attack them and the injury BA No.393 of 2023 .. 3 ..

sustained by the defacto complainant is not due to the act of the

petitioner and further submitted that the petitioner has no other

criminal antecedents.

5. I have heard the learned Public Prosecutor also.

6. The learned Public Prosecutor opposed the application

for bail but submitted that the petitioner has no other criminal

antecedents.

Having regard to the facts and circumstances of the case,

and nature of the allegations, and that he has no other criminal

antecedents, I am of the opinion that custodial interrogation is

not required for the purpose of investigation and only a limited

custody be granted for the same. I am inclined to grant

anticipatory bail to the petitioner, but on stringent conditions.

The above bail application is allowed with the following

directions. The petitioner shall surrender before the investigating

officer on 20.01.2023 and make himself available for

interrogation on that day or on any other day/days (between

9.00 am and 6.00 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.820 of 2022 of

Mannar Police Station, he shall be produced before the

jurisdictional Court on the same day and be released on bail on BA No.393 of 2023 .. 4 ..

the following conditions:

(i) The petitioner shall execute a

bond for sum of Rs.50,000/- (Rupees fifty

thousand only) with two solvent sureties

each for the like sun to the satisfaction of

the jurisdictional Court;

(ii) The petitioner shall appear before

the investigating officer in Crime No.820 of

2022 of Mannar Police Station, on every

Saturday at 11 am, till the final report is

filed and shall also co-operate with the

Investigation as and when summoned for

the said purpose by the investigating

officer:

(iii) The petitioner shall not tamper

with any evidence;

(iv) The petitioner shall not directly or

indirectly make any inducement, threat or

promise to any witness acquainted with

them from disclosing such facts to the

court or to any police officer;