Kerala High Court
Murali vs State Of Kerala on 30 October, 2024
Author: C.S.Dias
Bench: C.S.Dias
BAIL APPL. NO. 8285 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
WEDNESDAY, THE 30TH DAY OF OCTOBER 2024 / 8TH KARTHIKA, 1946
BAIL APPL. NO. 8285 OF 2024
CRIME NO.1190/2024 OF Palakkad Town South Police Station,
Palakkad
AGAINST THE ORDER/JUDGMENT DATED 26.09.2024 IN CRMC
NO.4861 OF 2024 OF DISTRICT COURT & SESSIONS COURT, PALAKKAD
PETITIONER/S:
MURALI
AGED 38 YEARS
S/O ARUMUGHAN, KUNNATHURMEDU, VALIPARAMBU, PALAKKAD,
PIN - 678014
BY ADVS.
T.K.SANDEEP
SWETHA R.
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 KAJAHUSSAIN
S/O ABDUL KHADER, MANGAVU KALMANDAPAM PALAKKAD, PIN
- 678001
BY ADV HARIKRISHNAN P.B.
OTHER PRESENT:
SR PP SMT PUSHPALATHA M K
BAIL APPL. NO. 8285 OF 2024
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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
30.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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C.S.DIAS,J
--------------------------------------------
Bail Application No.8285 of 2024
---------------------------------------------
Dated this the 30th day of October, 2024
ORDER
The application is filed under Section 482 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (in short,
'BNSS'), for an order of pre-arrest bail.
2. The petitioner is stated to be the 3 rd accused in
Crime No.1190/2024 of the Palakkad Town South Police
Station, Palakkad, which is registered against three
accused persons for allegedly committing the offences
punishable under Sections 126(2), 115(2), 118(1) and 110
r/w Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (in
short, 'BNS').
3. The essence of the prosecution case is that: on
27.08.2024, at around 18:00 hours, the accused, in
furtherance of their common intention and out of their
previous animosity towards the first informant, had
wrongfully restrained the first informant and the 1 st
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accused hit him on his face with hands and a stick and the
other accused inflicted injury on him with a blade, and
the first informant suffered extensive injuries. Thus, the
accused have committed the above offences.
4. Heard; Sri.T.K.Sandeep, the learned counsel
appearing for the petitioner, Smt.Pushpalatha M.K., the
learned Senior Public Prosecutor and Sri.Harikrishnan,
the learned counsel appearing for the 2 nd
respondent/defacto complainant.
5. The learned counsel for the petitioner submitted
that the petitioner is totally innocent of the accusations
leveled against him. A reading of the First Information
Report would clearly reveal that the specific overt acts are
attributed against the accused 1 and 2. The said accused
are already arrested and enlarged on bail. The subject
matter in dispute between the petitioner and the 2 nd
respondent has been amicably settled and the 2 nd
respondent has voluntarily executed Anenxure-III affidavit
dated 01.10.2024 stating that he has no grievance against
the petitioner. The petitioner's custodial interrogation is
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not necessary and no recovery is to be effected. Moreover,
the petitioner does not have any criminal antecedents.
Hence, the application may be allowed.
6. The learned Public Prosecutor opposed the
application. She submitted that the investigation is in
progress. She also stated that there is a specific overt act
attributed against the petitioner because he assaulted the
2nd respondent/defacto complainant. If the petitioner is
granted an order of pre-arrest bail, it may hamper the
investigation. Hence, the application may be dismissed.
7. The learned counsel for the 2nd respondent also
stated that the dispute between the petitioner and the 2 nd
respondent has been settled and the 2nd respondent has
voluntarily executed Annexture-III affidavit stating that he
has no subsisting grievance.
8. On an overall consideration of the facts, the
rival submissions made across the Bar and the materials
placed on record, particularly on considering the fact that
the specific overt acts are alleged against the petitioners 1
and 2, who have already been arrested and enlarged on
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bail, the only allegation against the petitioner is that he
assaulted the defacto complainant with a stick but the
defacto complainant has reported that he has no
subsisting grievance against the petitioner, I am of the
firm view that the petitioner's custodial interrogation is
not necessary. Hence, I am convinced and satisfied that
the petitioner has made out a valid ground to invoke the
extra ordinary jurisdiction of this Court under Section 482
of the BNSS.
In the result, the application is allowed subject to
the following conditions:
(i) The petitioner is directed to surrender before the
Investigating Officer within 10 days from today;
(ii) In the event of arrest of the petitioner, the
Investigating Officer shall release the petitioner on
bail on him executing a bond for Rs.50,000/- (Rupees
Fifty thousand only) with two solvent sureties for the
like amount each;
(iii) The petitioner shall appear before the Investigating
Officer for interrogation, as and when directed by
the Investigating Officer;
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(iv) The petitioner shall not directly or indirectly make
any inducement, threat or procure to any person
acquainted with the facts of the case so as to
dissuade him from disclosing such facts to the court
or to any Police Officer or tamper with the evidence
in any manner, whatsoever;
(v) The petitioner shall surrender his passport before
the jurisdictional court concerned within a period of
one week from the date of his release on bail. If he
has no passport, he shall file an affidavit to the
effect before said court within the said period;
(vi) The petitioner shall not get involved in any other
offence while on bail;
(vii) In case of violation of any of the conditions
mentioned above, the jurisdictional court shall be
empowered to consider the application for
cancellation of bail, if any filed, and pass orders on
the same, in accordance with law;
(viii) Applications for deletion/modification of the bail
conditions shall also be filed before the jurisdictional
court;
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(ix) Needless to mention, it would be well within the
powers of the Investigating Officer to investigate the
matter and, if necessary, to effect recoveries on the
information, if any, given by the petitioner even
while the petitioner is on bail as laid down by the
Hon'ble Supreme Court in Sushila Aggarwal v.
State (NCT of Delhi) And another [2020 (1) KHC
663];
(x) The observations made in this order are only for the
purpose of considering the application and the same
shall not be construed as an expression on the
merits of the case, which shall be decided by the
competent Courts.
Sd/-
C.S.DIAS, JUDGE
rkc/30.10.24
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APPENDIX OF BAIL APPL. 8285/2024
PETITIONER ANNEXURES
Annexure I A TRUE COPY OF THE FIR IN CRIME 1190/2024
OF TOWN SOUTH POLICE STATION, PALAKKAD
DISTRICT DATED 12.09.2024
Annexure II ORDER DATED 26-09-2024 IN CRMC 4861/2024
ON DISTRICT COURT & SESSIONS COURT,
PALAKKAD
Annexure III ORIGINAL AFFIDAVIT DATED 01.10.2024 SIGNED
BY THE 2ND RESPONDENT/DEFACTO COMPLAINANT
