Kerala High Court
Unknown vs By Adv.Sri.Joseph Sebastian (Kollam) on 28 March, 2018
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
TUESDAY, THE 27TH DAY OF MARCH 2018 / 6TH CHAITHRA, 1940
Bail Appl..No. 683 of 2018
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CRIME NO. 61/2018 OF PALLITHOTTAM POLICE STATION , KOLLAM
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PETITIONER(S)/AN IDENTIFIABLE ACCUSED
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BINU
S/O.GEORGE, AGED 24 YEARS,
RESIDING SNEHATHEERAM NAGAR,143, PALLITHOTTAM P.O.,
KOLLAM WEST VILLAGE, KOLLAM DISTRICT, PIN - 691006.
BY ADV.SRI.JOSEPH SEBASTIAN (KOLLAM)
RESPONDENT(S)/COMPLAINANT:
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STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
R BY PUBLIC PROSECUTOR. SRI.SAJJU.S
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27-03-2018,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
hmh
RAJA VIJAYARAGHAVAN V, J
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B.A No.683 of 2018
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Dated this the 28th day of March, 2018
ORDER
1.This petition is filed under Section 438 of the Code of Criminal Procedure.
2.The petitioner herein is arrayed as the 5 th accused in Crime No.61 of 2018 of Pallithottam Police Station, registered under Sections 143, 147, 148, 294(b), 323, 324, 326 and 149 of the IPC.
3.On 13.01.2018 at 10.50 p.m., in connection with the parking of a bike, a dispute occurred between the de facto complainant and accused Nos. 1 to 4. This led to a brawl and the 1st accused in the crime is alleged to have clouted the victim and the 2nd accused punched the victim with a metal knuckle-duster. Specific overt acts are alleged against accused Nos. 3 and 4 . The name of the petitioner herein does not find a place in the FIR.
4.The learned counsel submits that the main overt acts are alleged against accused Nos. 1 to 4. The main injury has been inflicted by the 2nd accused. The name of the petitioner B.A No.683 of 2018 2 was later included though he was not even present at the scene of crime. This, in essence, is the submission advanced by the learned counsel.
5.The learned Public Prosecutor, while opposing the prayer, submitted that in the course of investigation, the investigating officer was able to get materials showing that the petitioner was also present, along with the other accused.
6.I have considered the submissions advanced and have gone through the case diary. Only general allegations have been leveled against the petitioner and it appears that he was roped in with the aid of Section 149 of the IPC .
7.Having regard to the nature and gravity of the allegations, and other facts and circumstances, I am of the view that custodial interrogation of the petitioner is not warranted.
8.In the result, this petition is allowed. The petitioner shall appear before the investigating officer within ten days from today and shall undergo interrogation. Thereafter, if he is proposed to be arrested, he shall be released on bail on his executing a bond for a sum of Rs.40,000/- (Rupees forty thousand only) with two solvent sureties each for the like B.A No.683 of 2018 3 sum. The above order shall be subject to the folowing conditions:
i)The petitioner shall co-operate with the investigation and shall appear before the Investigating Officer on all Saturdays between
9 a.m. and 11 a.m., for one month or till final report is filed, whichever is earlier.
ii)The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/ her from disclosing such facts to the court or to any police officer.
iii)The petitioner shall not commit any similar offence while on bail.
In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law.
Sd/-
RAJA VIJAYARAGHAVAN V, JUDGE //TRUE COPY// P.A TO JUDGE AD