Anoop vs State Of Kerala

Viju Abraham, J

This is an application for regular bail.

Petitioners are the accused 1, 2, 4 & 5 in Crime No.427 of 2022 of Vadakkenchery Police Station registered alleging commission of offences punishable under Sections 147, 143, 148, 341, 323, 324, 294(b), 427, 308 r/w.Section 149 if the IPC.

The prosecution case is that on 13.05.2022 at 7.30 p.m, at Eyani, Anjukoorthimangalam, due to the enmity that the de facto complainant questioned accused No.1 in connection with selling of Ganja, accused Nos.1 and 2 wrongfully restrained the motor cycle of the de facto complainant, verbally abused him and assaulted him. It is further alleged that when the de facto complainant tried to run away, accused Nos.1 to 5 in furtherance of their common intention unlawfully assembled in front of Forest Range Office, Anakkapara, followed him and the 1st accused attacked the de facto complainant with a granite stone and if the de facto complaianant did not moved away, the said attack even resulted in his death. It is also alleged that accused Nos.2 to 5 attacked him using fist and also verbally abused him. The accused persons also damaged the motor cycle, watch and spectacles of the de facto complainant and caused a lost to the tune of Rs.60,000/-. Thus the accused alleged to have committed the aforesaid offences.

Heard the learned counsel for the petitioners and the learned Public Prosecutor.

The specific case of the petitioners is that they are falsely implicated in the above said crime. In fact, what has happened on the alleged day of incident is that the defacto complainant came to the residence of the 1st accused with an iron rod shouting at the mother of the 1st petitioner and asked her about the 1st petitioner's sister and this lead to a scuffle between the petitioners and the defacto complainant sustained injuries due to falling down during the scuffle. Further it is submitted that the mother of the 1st petitioner has preferred Annexure-1 complaint regarding the said incident before the Vadakkanchery Police Station on 14.5.2022 and as no action was taken on Annexure-1, she approached Deputy Superintendent of Police, Alathur and submitted a complaint on 17.5.2022 as is evident from Annexure-2 receipt dated 18.5.2022. It was also further contended that there is a delay of 4 days in registering the FIR and the same has not been properly explained. Further, it is submitted by the counsel for the petitioner that, petitioner was arrested on 17.05.2022 and since then he is in custody.

Learned Public Prosecutor strongly opposed the bail application and submitted that the defacto complainant had sustained serious injuries.

Having regard to the facts and circumstances of the case, and considering the nature of the allegations, I am inclined to grant bail to the petitioners and it is ordered that the petitioners shall be released on bail on the following conditions:

(i) The petitioners shall execute bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) each with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court;

(ii) Petitioners shall appear before the investigating officer in Crime No.472 of 2022, Vadakkanchery Police Station, on every Saturday at 11 am until filing of final report;

(iii) The petitioners shall not attempt to interfere with the investigation or to influence any witness in Crime No. 472 of 2022, Vadakkanchery Police Station;

(iv) The petitioners shall not involve in any other crime while on bail.

(v)  If  any  of  the  aforesaid  conditions  are violated, the investigating officer in Crime No. 472 of 2022, Vadakkanchery Police Station may file an application before the jurisdictional court, for cancellation of bail.