Manikuttan @ Vishnu A.P vs State Of Kerala
2023 Latest Caselaw 3593 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
              THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
    WEDNESDAY, THE 29TH DAY OF MARCH 2023 / 8TH CHAITHRA, 1945
                     BAIL APPL. NO. 2179 OF 2023
  CRIME NO.73/2023 OF PETTAH POLICE STATION, THIRUVANANTHAPURAM
 AGAINST THE ORDER/JUDGMENT CR.MC 356/2023 OF ADDITIONAL DISTRICT
                     COURT (ADHOC)-II, TRIVANDRUM
PETITIONER/ACCUSED NO.1:

            MANIKUTTAN @ VISHNU A.P.
            AGED 28 YEARS
            TC 79/955, VADAYIL VEEDU, KARIKKAKOM, BEACH P.O.,
            THIRUVANATHAPURAM DISTRICT, PIN - 695021

            BY ADVS.
            M.J.SANTHOSH
            ARUN ANTONY (K/1053/2011)



RESPONDENT/COMPLAINANT:

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

BY SMT.T.V.NEEMA, SR.PUBLIC PROSECUTOR

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29.03.2023 ALONG WITH BA NO.2085/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

BAIL APPL. NOs. 2179 & 2085 OF 2023

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN WEDNESDAY, THE 29TH DAY OF MARCH 2023 / 8TH CHAITHRA, 1945 BAIL APPL. NO. 2085 OF 2023 CRIME NO.73/2023 OF PETTAH POLICE STATION, THIRUVANANTHAPURAM PETITIONER/7TH ACCUSED:

ADITHYA SURESH AGED 21 YEARS S/O. SURESH ERA 1120, SANTHOSH BHAVAN, NEAR ERAVIPEROOR SREE KRISHNA SWAMY TEMPLE, CHEMPAKASERI, PERUNTHANNI, THIRUANANTHAPURAM, PIN - 695008

BY ADVS.

G.SUDHEER R.HARIKRISHNAN (H-308) SMRITHI S.S.

RESPONDENT/COMPLAINANT:

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

BY SRI. P G MANU, SR.PUBLIC PROSECUTOR

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29.03.2023 ALONG WITH 2179/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

BAIL APPL. NOs. 2179 & 2085 OF 2023

COMMON ORDER Dated this the 29th day of March, 2023

The first accused in crime No.73/2023 of Petta

police station, Thiruvananthapuram seeks pre-arrest bail in

B.A.No.2179/2023. Similarly, the petitioner in

B.A.No.2085/2023, assuming himself as the 7th accused, has

filed this petition seeking anticipatory bail in the above crime.

2. Heard the respective learned counsel for the

petitioners as well as the learned Public Prosecutor.

3. I have perused the case diary as such, placed by

the learned Public Prosecutor

4. The prosecution case is that at about 11.53 hours

on 29.01.2023, when the defacto complainant, who slept at

railway station, Thampanoor, reached pump house,

Karikkakam. Then the accused persons abused and

wrongfully restrained the defacto complainant. Thereafter, they

manhandled him with intention to commit culpable homicide BAIL APPL. NOs. 2179 & 2085 OF 2023

not amounting to murder. Recording the statement of the

defacto complainant, crime alleging commission of offences

punishable under Sections 294(b), 323, 324, 341 and 308

read with Section 34 of IPC was registered.

5. The learned counsel for the first accused would

submit that the allegations are false. According to him, the

defacto complainant is a person engaged in sale of Narcotic

Drugs and Psychotropic Substances and he reached the place

of occurrence to sell the said substances. When the accused

persons questioned the same, there occurred a scuffle and in

consequence thereof, the defacto complainant fell down and

sustained serious injuries. According to the learned counsel

for the first accused, the allegation of the prosecution as to

commission of offence punishable under Section 308 of IPC

could not be justified in the facts of the instant case.

Therefore, the petitioner/first accused may be released on

anticipatory bail and he is ready to be abide by any condition

as a pre-requisite for grant of anticipatory bail. BAIL APPL. NOs. 2179 & 2085 OF 2023

6. While pursuing the relief of pre-arrest bail to the

petitioner in B.A.No.2085/2023, who got arrayed as 6 th

accused, as per the report of the Investigating Officer, it is

submitted by the learned counsel for the 6 th accused that, in

the First Information Statement, the name of the 6th accused

even not mentioned and there is no allegation in the FIS that

he did use any weapon to inflict injuries to the defacto

complainant. Therefore, the petitioner/6 th accused may also

be released on bail and he is ready to co-operate with the

investigation by subjecting himself for interrogation to aid the

investigation.

7. The learned Public Prosecutor would submit that

the allegations against the accused in this crime could be read

out from the FIS itself and the same is fortified by the injuries

noted in the copy of wound certificate issued from Medical

College Hospital, Thiruvananthapuram. Therefore, arrest,

custodial interrogation and recovery of weapon at the instance

of the first accused and arrest and custodial interrogation of BAIL APPL. NOs. 2179 & 2085 OF 2023

the sixth accused are necessary.

8. On reading the FIS, it could be gathered that the

defacto complainant is a person, who left his home on the

previous day and slept at the railway station, just before the

occurrence. It is pointed out by the learned counsel for the first

accused that, as per Annexure A3, the defacto complainant

was arrested in crime No.3/2023 of Excise Enforcement &

Anti-Narcotic Special Squad, Thiruvananthapuram, along with

MDMA involving intermediate quantity and now he has been

detained in custody. The said fact has been pointed out by

the learned counsel for the first accused to contend that this

would fortify the contention of the first accused that the defacto

complainant reached the place of occurrence to sell MDMA.

9. In this matter, in the wound certificate, the following

injuries were noted;

1. Lacerated wound 5x2x1 cm over right temporo parietal scalp

2. Abrasion over the inner part of the upper lip

3. Contusion over right lip and

4. Graze abrasion over right ulna 0.5x0.5 cm.

BAIL APPL. NOs. 2179 & 2085 OF 2023

10. No criminal antecedents reported in so far as the

the petitioners are concerned. Having appraised the genesis

of the case, as discussed in detail, I am of the view that the

petitioners can be enlarged on bail with direction to them to

subject themselves for interrogation and recovery of weapon,

if any, at the instance of the first accused in order to aid the

investigation.

Accordingly, these petitions stand allowed and the

petitioners can be enlarged on bail, on the following

conditions:

i. The petitioners shall surrender before the Investigating Officer within ten days from today and on such surrender, the Investigating Officer can question the petitioners and recover the weapon, if any, at the instance of the first accused. In the event of their arrest, the Investigating Officer shall produce the petitioners before the jurisdictional court on the date of arrest itself.

BAIL APPL. NOs. 2179 & 2085 OF 2023

ii. On such production, the jurisdictional court shall release the petitioners on bail, on executing bond for Rs.30,000/- (Rupees thirty thousand only) each by themselves and by two solvent sureties, each for the like sum to the satisfaction of the jurisdictional court.

iii. The petitioners shall co-operate with the investigation and shall be made available for interrogation and for the purpose of investigation, as and when the Investigating Officer directs so. Further, they shall appear before the Investigating Officer on all Wednesdays between 9.00 am to 10.00 am for four weeks.

iv. The petitioners shall not intimidate the witnesses or interfere with the investigation in any manner.

v. The petitioners shall not commit any offence during currency of this bail and any such involvement is a reason to cancel the bail hereby granted.

Sd/-

A. BADHARUDEEN JUDGE nkr