Kerala High Court
Midhundev. K vs State Of Kerala on 20 January, 2022
Author: P Gopinath
Bench: P Gopinath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 20TH DAY OF JANUARY 2022 / 30TH POUSHA, 1943
BAIL APPL. NO. 139 OF 2022
CRIME NO.655/2021 OF VELLAYIL POLICE STATION
PETITIONER/ACCUSED:
1 MIDHUNDEV. K,AGED 25 YEARS
KAMALUKANDI HOUSE, CHETTIKULAM, ELATHUR
KOZHIKODE, PIN - 673033
2 ADARSH. P.K
AGED 24 YEARS
POTHOOTTIKANDI, PUTHIYANIRATH, ELATHUR
KOZHIKODE, PIN - 673033
3 JITHIN. V
AGED 24 YEARS
VAZHAVALAPPIL HOUSE, PUTHIYANIRATH, ELATHUR
KOZHIKODE, PIN - 673033
BY ADVS.
P.JERIL BABU
SRINATH GIRISH
RESPONDENT/COMPLAINANT/DE FACTO COMPLAINANT AND STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA
ERNAKULAM, PIN - 682031
BY ADV PUBLIC PROSECUTOR
ADV SEETHA (PP)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
20.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 139 OF 2022 2
ORDER
This is an application for anticipatory bail.
2. Petitioner is the accused in Crime No.655/2021 of Vellayil police station, Kozhikode district, alleging commission of offences under Sections 323, 324, 326, 294(b), 506, 308 r/w. Section 34 of the Indian Penal Code.
3. Allegation against the petitioners is that they attacked the de facto complainant and his friend, as a result of which the de facto complainant and his friend suffered serious injures including fracture of the nasal bone of the friend of the de facto complaint and the petitioners thereby committed the offences alleged against them.
4. Learned counsel appearing for the petitioners would submit that the petitioners had gone to the fishing harbour for buying some fish and when they came to the place where their bikes were parked, they saw an autorickshaw blocking their way and when they had asked the autorickshaw to be removed, the autorickshaw driver and other persons, including the de facto complainant and his friends attacked the petitioners. It is submitted that the 3rd petitioner suffered injuries as is evident BAIL APPL. NO. 139 OF 2022 3 from Annexure-1. It is submitted that despite the filing of Annexure-2 complaint before the police, no crime has been registered against the de facto complainant and others. It is submitted that considering the nature of the allegations, custodial interrogation of the petitioners is not necessary.
5. I have heard the learned Public Prosecutor also. Learned Public Prosecutor, with reference to the First information Statement of the de facto complainant and the wound certificate in respect of the de facto complainant and his friend, would submit that the allegation is that the petitioners had attacked the de facto complainant and his friend using certain parts of the motor bike and also with an iron rod. It is submitted that the injuries are commensurate and tally with the allegations raised against the petitioners. It is submitted that the petitioners are not entitled to anticipatory bail.
6. Having regard to the facts and circumstances of the case and considering the age of the petitioners, I am of the opinion that anticipatory bail can be granted to the petitioners subject to strict conditions, as the case can be properly investigated without custodial interrogation.
In the result, this application is allowed. It is directed BAIL APPL. NO. 139 OF 2022 4 that the petitioners shall be released on bail, in the event of arrest in crime No.655/2021 of Vellayil police Station subject to the following conditions:-
(i) Petitioners shall execute separate bonds for sums of Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the likesum to the satisfaction of the jurisdictional Court;
(ii) Petitioners shall appear before the investigating officer in Crime No.655/2021 of Vellayil Police station at 09.00 am on 31.01.2022, 01.02.2022 and 02.02.2022 and thereafter, as and when called upon to do so;
(iii) The petitioners shall not attempt to contact the de facto complainant or interfere with the investigation or to influence or intimidate any witness in Crime No.655/2021 of Vellayil police station;
(iv) The petitioners shall surrender their passports before the jurisdictional court. If the petitioners do not have a passport, they shall execute an affidavit to that effect and file the same before the said court within seven days of release on bail;
(v) The petitioners shall not involve in any other crime BAIL APPL. NO. 139 OF 2022 5 while on bail.
If any of the aforesaid conditions are violated, the investigating officer in Crime No.655/2021 of Vellayil police station may file an application before the jurisdictional Court, for cancellation of bail.
sd/-
GOPINATH P., JUDGE ajt