Dipi vs State Of Kerala

Gopinath P, J

This is an application for anticipatory bail.

Petitioner is the first accused in Crime No.478/2021 of Vallikunnam police station, Alappuzha district, alleging commission of offences punishable under Sections 323, 427, 452 and 506(ii), 354 r/w. Section 34 of the Indian Penal Code.

Though the learned counsel appearing for the petitioner would submit that name of the petitioner is not mentioned in the First Information Report, learned Public Prosecutor has submitted that the person by name 'Sudhi' who is mentioned in the First Information Report is none other than the petitioner herein. In that view of the matter, this bail application is proceeded with on the presumption that the petitioner is none other than 'Sudhi'' who is mentioned as the 1st accused in Crime No.478/2021 of Vallikunnam police station.

The allegation against the petitioner is that, he along with two other persons trespassed into the house of the de facto complainant and caught hold of her by her neck and accused Nos.2 and 3 destroyed a pedestal fan and an iron box and thereby caused a loss of Rs.3000/- to the de facto complainant. It is alleged that the petitioners attacked the de facto complainant on account of a complaint lodged by the de facto complainant against them.

Learned counsel appearing for the petitioner would submit that the petitioner was not even named in the First Information Report. It is submitted that this is a case of 'mistaken identity' and that the petitioner is not the person named as 'Sudhi' in the First Information Report. He also submitted that he had no reason to attack the de facto complainant.

As already noticed as submitted by the learned Public Prosecutor, the person named as 'Sudhi' is none other than the petitioner herein. It is submitted by the learned Public Prosecutor that the petitioner was the one who had caught hold of the de facto complainant by her neck and committed an offence under Section 354 of the Indian Penal Code. It is also submitted that the petitioner is the accused in atleast three other cases.

Having regard to the facts and circumstances of the case and considering the nature of allegations against the petitioner, I am of the opinion that anticipatory bail can be granted to the petitioner subject to strict conditions to ensure that he does not interfere with the investigation in any manner.

In the result, this application is allowed. It is directed that the petitioner shall be released on bail, in the event of arrest in crime No.478/2021 of Vallikunnam police Station subject to the following conditions:-

(i) Petitioner shall execute 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) Petitioner shall appear before the investigating officer in Crime No.478/2021 of Vallikunnam Police station as and when summoned to do so;

(iii) The petitioner shall not attempt to contact the de facto complainant) or interfere with the investigation or to influence or intimidate any witness in Crime No.478/2021 of Vallikunnam police station;

(iv) 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.478/2021 of Vallikunnam police station may file an application before this Court, for cancellation of bail.