Antony M. P vs State Of Kerala

Viju Abraham, J

This is an application for anticipatory bail.

Petitioner is the 1st accused in Crime No.466 of 2022 of Ernakulam Town North Police Station registered alleging commission of offences punishable under Sections 341, 324, 447, 308 and 506 read with Section 34 of the Indian Penal Code.

Prosecution case is that on 03.04.2022 at about 10.00 p.m. the petitioner along with his friend Kiran wrongfully trespassed into the godown of Kolpurath Decorations and restrained the defacto complainant and threatened to kill him and attacked him with concrete block on his face and head. The defacto complainant is alleged to be a social worker and he alleged that he was taking part in the mediation talks in the family.

Petitioner submits that he has been falsely implicated in the abovesaid crime. What has actually happened is that on 03.04.2022 there was a quarrel between the petitioner's niece and her father-in-law in demand of dowry. Due to the same, petitioner's niece called him over phone for help. Thereupon petitioner along with his friend (2nd accused in the crime) reached the spot for help. When the petitioner reached there, father-in-law and two others including the defacto complainant opened the door and on seeing the petitioner they brought two kitchen knives and stabbed him and the 2nd accused several times. His niece's husband tried to prevent the same and he also got a stab injuries on the left shoulder and right abdomen. They also let the dog to attack them. The father-in-law attacked the 2nd accused with a soda bottle and the defacto complainant also attacked with the said bottle and they have to run away from the spot. Annexure-A1 is the inspection memo which shows that the 2nd accused has sustained severe injuries. Petitioner also was admitted in the hospital and Annexure-A2 is the intimation given to the police. Annexure-A3 series are photographs showing the nature of injuries sustained by the petitioner. Even though intimation was sent, the police was hesitant to register a crime. Only on a private complaint being registered by the 2nd accused before the Additional Chief Judicial Magistrate Court, Ernakulam a crime was registered as Crime No.527 of 2022 against the defacto complainant and others as Annexure-A4. Therefore, the petitioner contended that he has been falsely implicated in the abovesaid crime. It is further submitted that the petitioner has not involved in any other crime.

Learned Public Prosecutor upon instructions submitted that the wound certificate of the defacto complainant would reveal that CT of the brain showed that head injury was sustained by the defacto complainant. The case of the prosecution is that the petitioner herein has inflicted injuries on the head of the defacto complainant with a concrete block while he was engaged in a mediation talk to settle a dispute.

Considering the facts and circumstances of the case and the fact that even going by the prosecution case, the alleged crime is the result of a family dispute and that the petitioner and the 2nd accused also sustained injuries in the said incident and also taking into consideration the fact that the petitioner is not involved in any other crime, I feel that the petitioner is entitled for pre-arrest bail.

Therefore, the bail application is disposed of with the following directions. The petitioner shall surrender before the investigating officer on 15.07.2022 and make himself available for interrogation on 16th July, 2022 also. In the event of arrest of the petitioner in connection with Crime No.466 of 2022 of Ernakulam Town North Police Station, he shall be produced before the jurisdictional Magistrate and shall be released on bail on the following conditions:

(i) The petitioner shall execute a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court.

(ii) He shall co-operate with the investigation and make himself available for interrogation whenever required;

(iii) He shall not enter into the jurisdiction limit of Ernakulam Town North Police Station for a period of two months except for appearing before the investigating officer or to attend any court proceedings.

(iv) He shall not tamper with any evidence;

(v) He shall not directly or indirectly make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade them from disclosing such facts to the court or to any police officer;

(vi) He shall not involve in any other crime while on bail.

If  any  of  the  aforesaid  conditions  are  violated,  the Investigating Officer in Crime No.466 of 2022 of Ernakulam Town North Police Station may file an application before 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).