Aji Kumar vs State Of Kerala

Gopinath P, J

This is an application for anticipatory bail. The petitioners are the accused Nos.1 and 2 in Crime No.940/2021 of Ezhukone Police Station alleging offences punishable under Sections 452, 427 and 308 read with Section 34 of the Indian Penal Code. The complaint was registered on the basis of the First Information Statement given by one Nithin, who is nephew of the petitioners. The allegations against the petitioners are that on account of some dispute relating to property, they entered into the house of their sister Vasanthakumari and attacked Vasanthakumari, her mother Omana (also mother of petitioners 1 and 2) and children of Vasanthakumari namely Nithin, (the defacto complainant) and Sudhin, his younger brother.

The learned counsel for the petitioners would submit that the petitioners are absolutely innocent of the offences alleged against them. It is submitted that they had gone to their sister Vasanthakumari's house and they had been attacked by the defacto complainant and his brother Sudhin and they had sustained injuries on account of such attack. Reference is made to wound certificates in respect of the petitioners, which are produced as Annexures A4 and A5. It is submitted that the aforesaid Omana had filed a complaint against her daughter Vasanthakumari alleging that her daughter was ill treating her. Reference is also made to Annexure A3 complaint made by the 2nd petitioner against Vasanthakumari and her children.

The learned Public Prosecutor on instructions submits that the allegations against the petitioners is that they had attacked their mother, their sister and her children and that as a result of such attack, all the aforesaid persons sustained injuries. It is also submitted that the allegation being that the defacto complaint and his family were attacked using a sword and a stick recovery under Section 27 of the Evidence Act may be necessary and for this purpose, the petitioners may be directed to surrender before the Investigating Officer. However, it is also submitted that the petitioners have also sustained injuries.

Having considered the submissions made by the learned counsel for the petitioners and the learned Public Prosecutor, I am of the opinion that this application can be allowed subject to conditions.

In the result, this application for anticipatory bail is allowed and it is directed that if the petitioners are arrested in connection with the Crime No.940/2021 of Ezhukone Police Station, they shall be released on bail subject to the following conditions:

1) The petitioners shall co-operate with the Investigating Officer in effecting recovery of the weapons allegedly used by them to attack the defacto complainant and his family.

2) The petitioners shall execute separate bonds for sums of Rs.50,000/- each with two solvent sureties for a like sum to the satisfaction of the Judicial First Class Magistrate Court-I, Kottarakkara.

3) The petitioners shall not attempt to influence or intimidate any witness in Crime No.940/2021 of Ezhukone Police Station.

If any of the aforesaid conditions are violated, it will open to the Station House Officer, Ezhukone Police Station to apply to the Judicial First class Magistrate Court - I, Kottarakkara for cancellation of bail.