Kerala High Court
Ashiq.K.Ajayan vs State Of Kerala on 21 December, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 21ST DAY OF DECEMBER 2022/30TH AGRAHAYANA, 1944
BAIL APPL. NO. 9880 OF 2022
Crime No.1078/2022 of Kayamkulam Police Station, Alappuzha
District
PETITIONER/ACCUSED:
ASHIQ.K.AJAYAN
AGED 23 YEARS
/O AJAYAN, RESIDING @ KIZHAKKAEBRAHMINIYIL,
KARUVATTAMKUZHI, KAREELAKULANGARA.P.O, KAYAMKULAM,
PIN - 690572
BY ADVS.
R.KISHORE (KALLUMTHAZHAM)
BIPIN C BABU
AMAR S.R.
RESPONDENT/STATE:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 STATION HOUSE OFFICER
KAYAMKULAM POLICE STATION, KAYAMKULAM, PIN - 690502
OTHER PRESENT:
PP - SMT.NIMA JACOB
THIS BAIL APPLICATION HAVING COME UP FOR
ADMISSION ON 21.12.2022, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
B.A. No.9880 of 2022 :2:
VIJU ABRAHAM, J.
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B.A. No.9880 of 2022
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Dated this the 21st day of December, 2022
ORDER
This is an application for anticipatory bail.
2. The petitioner is accused No.5 in Crime No.1078/2022 of Kayamkulam Police Station, Alappuzha District, alleging commission of offences punishable under Sections 143, 147, 148, 294(b), 324, 326 and 149 of the Indian Penal Code.
3. The prosecution allegation is that, the accused who are 10 in numbers, out of a sudden provocation had attacked the defacto complainant and his friends, causing injury to the head of one of the friends of the defacto complainant.
4 .The learned counsel for the petitioner submitted that the petitioner is a student undergoing BA English at MSM College, Kayamkulam. It is also submitted that the petitioner is a known political leader and a volunteer for the Boat Race conducted at Kayamkulam. On the alleged day of the incident, there were some altercations between many groups and the petitioner tried to mediate the same being a volunteer in charge of the boat race. Some of the persons sustained injuries in the said altercations and B.A. No.9880 of 2022 :3: the petitioner has absolutely no role in the commission of the said crime. Even though the alleged incident happened on 12.11.2022, the complaint was lodged only on 13.11.2022 and the petitioner was arrayed as an accused only on 04.12.2022.
5. The learned Public Prosecutor opposed the application for bail mainly contending that the investigation so far revealed that the petitioner has a role in the commission of the offence. It is further submitted that the petitioner have criminal antecedents, to which the learned counsel for the petitioner submitted that those are cases registered, he being an active political worker.
6. Having regard to the facts and circumstances of the case and considering the nature of the allegations and considering the fact that the petitioner is a student, I am of the opinion that custodial interrogation of the petitioner may not be required for the purpose of investigation and only a limited custody be granted for the same. Therefore, 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 27.12.2022, at 11 a.m, and subject himself for interrogation on that day and on any other day/days as directed by the investigating officer. The petitioner shall co-operate with the B.A. No.9880 of 2022 :4: investigation. In the event of arrest in Crime No.1078/2022 of Kayamkulam Police Station, Alappuzha 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) The petitioner shall appear before the investigating officer in Crime No.1078/2022 of Kayamkulam Police Station, Alappuzha District,, on every Saturday, at 11 am, until the filing of the final report;
(iii) Petitioner shall appear before the investigating officer in Crime No.1078/2022 of Kayamkulam Police Station, Alappuzha District, as and when summoned to do so;
(iv) The petitioner shall not attempt to (contact the victim or the defacto complainant) or interfere with the investigation or to influence or intimidate any witness in Crime No.1078/2022 of Kayamkulam B.A. No.9880 of 2022 :5: Police Station, Alappuzha District;
(v) 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.1078/2022 of Kayamkulam Police Station, Alappuzha 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/