Praveen V.S. @ Kuttu vs State Of Kerala

Gopinath P., J

The petitioners are the accused in Crime No.2659/2021 of Kattakada Police Station, Thiruvananthapuram District alleging commission of offences under Sections 323, 324, 326, 342, 506 (ii) and 34 of the Indian Penal Code.

The allegation against the petitioners is that they had assaulted and injurred the de facto complainant alleging that the de facto complainant had not taken the wedding photographs of the 1st accused despite being asked to do so.

The learned counsel appearing for the petitioners would submit that petitioners 2 & 3/accused Nos 2 & 3 have already been granted bail. It is submitted that the 1st petitioner/1st accused is absolutely innocent in the matter. It is submitted that allegations have been raised on the basis of some animosity and that the 1st petitioner had no occasion to attack the de facto complainant. It is submitted that at any rate considering the nature of the allegations the custodial interrogation of the 1st petitioner is not necessary in the matter.

The learned Public Prosecutor vehementally opposes the grant of bail. The injuries inflicted on the de facto complainant are referred, to point out the de facto complainant had suffered several injuries including a fracture of his chin bone owing to the attack by the petitioners. It is submitted that the thrust of the allegations are against the 1st petitioner and the 1st petitioner is not entitled to anticipatory bail. It is also pointed out that the 1st petitioner has criminal antecedents and that as many as 6 cases have been earlier registered against him

The learned counsel for the points out that the so called criminal antecedents in respect of the 1st petitioner are cases in the distant past and the last case was registered in the year 2011. It is submitted that this by itself cannot be a ground to deny anticipatory bail to the 1st petitioner.

Having regard to the facts and circumstances of the case and considering the nature of allegations, I am of the view that the 1st petitioner can be granted anticipatory bail subject to conditions, taking note of the fact that accused Nos. 2 & 3 in the case have already been granted bail and also noting that custodial interrogation of the 1st petitioner may not be necessary for a proper investigation into Crime No.2659/2021 of Kattakada Police Station.

In the result, this bail application is allowed. It is directed that the 1st petitioner shall be released on bail, in the event of arrest in connection with Crime No.2659/2021 of Kattakada Police Station subject to the following conditions:-

(i) The 1st petitioner shall execute a 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) The 1st petitioner shall report before the Investigating officer in Crime No.2659/2021 of Kattakada Police Station at 10 a.m 02-03-2022, 03-03-2022 and 04-03-2022 and thereafter as and when called upon to do so;

(iii) The 1st petitioner shall not interfere with the investigation or to influence or intimidate the de facto complainant or any witness in Crime No.2659/2021 of Kattakada Police Station;

(iv) The 1st 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.2659/2021 of Kattakada Police Station may file an application before the jurisdictional Court for cancellation of bail.

The bail application in so far as it relate to petitioners 2 and 3 will stand dismissed.