Kerala High Court
Athul Raj vs State Of Kerala on 7 July, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 7TH DAY OF JULY 2023 / 16TH ASHADHA, 1945
BAIL APPL. NO. 1818 OF 2023
Crime No.230 of 2022 of Sasthamcottah Police Station,
Kollam District
PETITIONER:
ATHUL RAJ
AGED 25 YEARS
S/O. K. RAJAN, PEEDIKAYIL AYYATHU VEEDU,
PALLISSERIKKAL, SASTHAMCOTTA VILLAGE, KUNNATHOOR
THALUK, KOLLAM DISTRICT., PIN - 690521
BY ADV AJITH MURALI
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT
OF KERALA, ERNAKULAM., PIN - 682032
2 THE STATION HOUSE OFFICER
SASTHAMCOTTA POLICE STATION, SASTHAMCOTTA P.O,
KOLLAM DISTRICT., PIN - 690521
OTHER PRESENT:
SRI.JOBY JOSEPH(PP)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
07.07.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A. No.1818 of 2023 :2:
VIJU ABRAHAM, J.
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B.A. No.1818 of 2023
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Dated this the 7th day of July, 2023
ORDER
This is an application for anticipatory bail.
2. Petitioner is accused No.2 in Crime No.230 of 2022 of
Sasthamcottah Police Station, Kollam District registered alleging
commission of offences punishable under Sections 143, 147, 323,
324, 325 and 308 read with Section 149 of the Indian Penal Code.
3. The prosecution case is that on 15.02.2022 at 9.30 P.M due
to the enmity towards the defacto complainant and his friend in
connection with the elections held at D.B. College, Sasthamcotta,
the 1st accused attempted to assault the defacto complainant with a
free-wheel and he evaded the said attack. The 3 rd and 4th accused
assaulted the friend of defacto complainant named Jishnu Menon
with a free-wheel causing injury on his head and forehead. It is
further alleged that the 5th accused assaulted one Ananthu with his
hands causing injury on the nasal bone.
4. Petitioner submits that he has been falsely implicated in
the above-said crime. Petitioner further submits that even though
he has moved applications for anticipatory bail earlier before this
Court, the same were rejected as per Annexures A2 and A4 orders,
since certain material facts could not be placed before this Court at
that point of time. It is contended that in fact serious overtact is
alleged against the 1st accused and he is now released on bail.
Petitioner, an engineer, was on the way from his duty from Chavara
K.M.M.L., interfered in the incident to avoid the clash between the
two groups. Moreover there is no specific allegation against the
petitioner alleging any assault against the defacto complainant or
others.
5. The bail applications submitted by the petitioner were
rejected as per Annexures A2 and A4 orders. While considering
the bail applications earlier, the learned Public Prosecutor upon
instructions submitted that the petitioner is involved in two other
cases, Crime No.221 of 2021 of Sasthamcotta Police Station
alleging commission of offences punishable under Sections 294(b),
143, 147, 148, 323, 324 and 308 read with Section 149 IPC and
Crime No.1546 of 2021, under Sections 143, 147, 341, 294(b) and
323 read with Section 149 IPC. The learned counsel for the
petitioner specifically contends that on earlier occasion the bail
application was rejected taking note of the criminal antecedents of
the petitioner having involved in two crimes. It is also submitted
that in respect of Crime No.221/2021 wherein allegations of having
involved in an offence punishable under Section 308 IPC, has been
quashed by this Court in Crl.M.C. No.4070/2022. The petitioner
further submits that no overtacts are alleged against him.
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 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 14.07.2023, 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.230 of 2022 of
Sasthamcottah 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) Petitioner shall appear before the investigating
officer in Crime No.230 of 2022 of Sasthamcottah
Police Station, Kollam District as and when
summoned to do so;
(iii) The petitioner shall not attempt to contact the
the defacto complainant or interfere with the
investigation or to influence or intimidate any witness
in Crime No.230 of 2022 of Sasthamcottah Police
Station, Kollam District;
(iv) 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.230 of 2022 of Sasthamcottah
Police Station, Kollam District 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
sm/
