Sabith vs The State Of Kerala on 27 May, 2020

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Kerala High Court

Sabith vs The State Of Kerala on 27 May, 2020

Bench: V Raja Vijayaraghavan

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

     WEDNESDAY, THE 27TH DAY OF MAY 2020 / 6TH JYAISHTA, 1942

                      Bail Appl..No.1908 OF 2020

    CRIME NO.161/2020 OF NADAPURAM POLICE STATION , KOZHIKODE


PETITIONER/ACCUSED NOS.1 TO 3:
      1        SABITH
               AGED 32 YEARS
               S/O. BHASKARAN, KATTIL HOUSE, PURAMERI (P.O),
               VADAKARA TALUK, KOZHIKODE (DIST)- 673 503.

      2        ROSHMITH,
               27 YEARS, S/O. CHANDRAN, PUTHOOKKANDI MEETHAL HOUSE,
               MAYYANNUR (P.O), VADAKARA TALUK, KOZHIKODE (DIST) -
               673 542.

      3        JITHIN,
               25 YEARS, S/O. CHANDRAN, PUTHOOKKANDI MEETHAL HOUSE,
               MAYYANNUR (P.O), VADAKARA TALUK, KOZHIKODE (DIST) -
               673 542.

               BY ADV. SMT.K.DEEPA (PAYYANUR)

RESPONDENTS:
      1        THE STATE OF KERALA
               THE STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR,
               HIGH COURT OF KERALA, ERNAKULAM-31

      2        THE SUB INSPECTOR OF POLICE,
               NADAPURAM POLICE STATION, KOZHIKODE.



               SRI T.R RENJITH PUBLIC PROSECUTOR

     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION             ON
27.05.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Bail Appl..No.1908 OF 2020           2




                                   ORDER

The petitioners herein are arrayed as accused Nos.1 to 3 in Crime No. 161 of 2020 of Nadapuram Police Station, Kozhikode registered under Sections 143, 147, 148, 341, 448, 323, 324 r/w Section 149 of the IPC. They have approached this court seeking an order of pre-arrest bail.

2. This application is taken up and heard through Videoconferencing.

3. On 23.2.2020, at about 8.30 pm, the accused Nos.1 to 3, who have been named in the FIR along with 15 others, who could be identified at sight are alleged to have formed themselves into an unlawful assembly and in prosecution of their common object are alleged to have wrongfully restrained the de facto complainant and his near relatives and they were attacked with weapons causing injuries.

4. Smt.K.Deepa, the learned counsel appearing for the petitioners submitted that the petitioners are innocent. According to the learned counsel, no serious injuries were sustained by the informant or any other person.

5. The learned Public Prosecutor has opposed the prayer.

6. I have considered the submissions advanced and have gone through the case diary.

7. The wound certificate which is made available does not reveal that Bail Appl..No.1908 OF 2020 3 any serious injuries were sustained by the informant or others. It is not reported that the petitioners are involved in any other crimes. It is by now settled that while considering the prayer for anticipatory bail, a balance has to be struck and it shall be ensured that no prejudice be caused to a free, fair and effective investigation and it has also to be ensured that harassment, humiliation and unjustified detention of the accused is avoided. There is no case for the prosecution that the petitioners would make themselves scarce or that it would be difficult to secure their presence either at the stage of investigation or at the stage of trial. Having regard to the nature of accusations, the role assigned to the petitioners, I am of the considered opinion that the custodial interrogation of the petitioners is not necessary for an effective investigation in the instant case.

In the result, this application will stand allowed. The petitioners shall appear before the Investigating Officer within ten days from today and shall undergo interrogation. Thereafter, if they are proposed to be arrested, they shall be released on bail on their executing a bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) each with two solvent sureties each for the like sum. The above order shall be subject to the following conditions:

i) The petitioners 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 two months or till final report is filed, whichever is earlier.

Bail Appl..No.1908 OF 2020 4

ii) They 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) They 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 ps

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