Jina Vince vs State Of Kerala

Shircy V, J

The petitioner in B.A.No.7414 of 2021 is the 1st accused in Crime No.1312 of 2021 of Angamaly police station registered for the offences

punishable under Sections 341, 324, 332, read with 34 of the Indian Penal Code and Section 117E of the Kerala police Act. The petitioners in

B.A.Nos.7739 of 2021 are the 2nd and 3rd accused of the very same crime. Apprehending arrest in connection with the aforesaid crime, the

petitioners in both the bail applications have filed this application under Section 438 of the Code of Criminal Procedure.

The prosecution case in brief is as follows :-

As per the instruction of the SHO Koratty, police station in connection with Crime No.81 of 2021, on 17.09.2021 at about 2.30 p.m the defacto

complainant and her colleagues proceeded to the residence of the petitioners to arrest the accused. When they reached there they were obstructed by

the accused under the leadership of the 1st accused from discharging their official duty. She had illegally blocked the police officials and attacked

them and pushed down the defacto complaint and torn off her uniform and caused injuries to her and her colleagues to prevent the arrest and thus the

defacto complainant sustained injuries including fracture. The 1st accused had beaten her on her head with an object like a flower vase and caused

bleeding injuries and thereby committed the aforesaid offences.

Heard the learned counsel for the petitioner as well the learned Public Prosecutor.

The learned counsel for the petitioners submit that they were falsely implicated in the case by the defacto complainant and the women cpo. In fact

they had brutally attacked the 1st accused and had caused serious injuries that too on her eyes and she was even admitted in Little Flower hospital,

Angamaly for treatment. She was a nurse by profession and was working abroad. Owing to the pandemic situation she returned to her native place.

But now all of them have been arraigned falsely in the case by the police officials after brutally manhandling her. So they apprehend arrest and hence,

this application.

The application is opposed by the prosecution mainly pointing out the injuries sustained by them.

The defacto complainant is a Civil Police Officer attached to Koratty police station. On the fateful day she along with her colleagues had gone to

the residence of the accused to arrest accused Nos.2 and 3 herein who are the accused in Crime No.81 of 2021. The wound certificates would reveal

that three CPOs have sustained injuries. But the injury sustained by the defacto complainant alone is serious in nature as others have sustained only

very minor injuries. It is also pertinent to note that the 1st accused had also sustained injuries from the hands of the police personnel and she had also

undergone treatment before a private hospital at Angamaly. Annexure A2 would show that she had sustained injuries to both eyes apart from the

other injuries and she was admitted in the hospital immediately after the incident and discharged on the next day with a direction for follow up

treatment. So the wound certificate of the injured as well the 1st accused/petitioner would reveal that both the parties have sustained injuries and

prima facie it would indicate that there was a scuffle between the parties. The prosecution has no case that any weapon was used by them. The

petitioners in B.A 7739 of 2021 are the accused Nos. 2 and 3 in Crime No.81 of 2021. Both of them are ladies. Accused No.2 , is the mother of the

3rd accused in Crime No.81 of 2021 and the petitioner in B.A.No.7414 of 2021. So in Crime No. 81 of 2021 the police came to arrest two ladies.

Prima facie it appears that some untoward incident had happened and both the parties have sustained injuries. Though the defacto complainant in

Crime No.1312 of 2021 had sustained a fracture apart from the other injuries, the fracture was to 4th metacarpal of left hand. The 1st accused had

blackening of eye lids with swelling.

Considering the nature of accusations levelled against the petitioners and other facts and circumstances involved in the case, prima facie it is

revealed that the accused in Crime No.81 of 2021 and the 1st accused in this crime have attempted to resist the arrest which they are not supposed to

do. Obstruction was caused to the police in discharging their official duties . Still materials are not sufficient so as to conclude that custodial

interrogation of the petitioners are inevitable for the investigating agency to have an effective investigation of the case. It appears that an incident had

happened all on a sudden but the attack was not a pre-planned one or an organized attack and no weapon was used by them.

The petitioners are ladies and that the 2nd petitioner in B.A 7739/21 is aged 60 years. Taking into account of all the facts involved, I find it just and

proper to direct them to surrender before the Investigating Officer on 10.1.2022 at 11 a.m. Upon their surrender, after recording their arrest and

interrogation , they shall be released on bail on the very same day subject to the following conditions:

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

Investigating Officer.

(ii) They shall appear for interrogation before the Investigating Officer as and when required by him in writing. They shall co-operate with the investigation of the

case.

(iii) They shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from

disclosing such facts to the court or to any police officer or tamper with the evidence.

(iv) They shall not commit any offence while on bail.

In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the

law.