Jijin vs State Of Kerala

Viju Abraham, J.

This is an application for anticipatory bail.

Petitioner herein is the 3rd accused in Crime No.350 of 2022 of Anthikad Police Station alleging commission of offences punishable under Sections 341, 324 and 307 read with Section 34 of the Indian Penal Code. The allegation against the petitioner and others is that on 12.03.2022 at about 9.40 in the night, in furtherance of their common intention, accused 1 and 2 assaulted the defacto complainant by using swords.

The contention of the petitioner is that even though he is arrayed as 3rd accused, there is absolutely no overt act alleged against him. He further contended that he is absolutely innocent of the charges levelled against him and he has been falsely implicated in the crime. It is also contended that there has been longstanding enmity between accused 1 and 2 in the case and the defacto complainant and in fact the petitioner was also assaulted by the said defacto complainant about three months back and on the basis of the complaint lodged by the petitioner Annexure-A FIR was registered as Crime No.139 of 2022 of Nedupuzha Police Station on 11.02.2022 and it is only on that enmity the name of the petitioner was also given by the defacto complainant. It is further submitted that he has no other criminal antecedents and not involved in any other crime. Though he has moved an application for bail before the Sessions Court, Thrissur as Crl.M.C.No.397 of 2022, the same was dismissed as per Annexure-B order dated 07.04.2022.

Learned Public Prosecutor upon instruction submitted that the offences were committed for the reason that the defacto complainant earlier retracted from his promise to give financial support to the accused and it is due to the same the defacto complainant was attacked. It is further submitted that the case is only at the initial stage and that therefore opposed the application for bail. Learned Public Prosecutor upon instruction submitted that he has no criminal antecedents.

Having regard to the facts and circumstances of the case, considering the nature of the allegations and taking into consideration the fact that the petitioner has no other criminal antecedents, I am inclined to grant bail to the petitioner subject to stringent conditions.

In the result, the bail application is allowed. It is directed that the petitioner shall be released on bail in the event of his arrest in Crime No.350 of 2022 of Anthikkad Police Station, Thrissur subject to the following conditions:

(i) 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) Petitioner shall appear before the investigating officer for interrogation on 10th, 11th and 12th of June, 2022 and other dates as directed by the investigating officer.

(iii) He shall surrender his passport before the jurisdictional court. If the petitioner has no passport, he shall execute an affidavit to that effect and file the same before the said court within seven days of release on bail.

(iv) He shall not attempt to interfere with the investigation or to influence or intimidate any witness.

(v) He shall not enter the local limits of Anthikkad Police Station, Thrissur limits where the defacto complainant is residing except for the purpose of complying with condition No.(ii) above.

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

If any of the aforesaid conditions are violated, the investigating officer may file an application before the jurisdictional court for cancellation of bail.