Sudheer vs State Of Kerala

Viju Abraham, J

Application for anticipatory bail.

Petitioners are accused Nos.1 to 3 in Crime No.528 of 2022 of Varantharappilly Police Station, Thrissur registered alleging commission of offences punishable under Sections 341, 294(b), 506, 323, 324 and 34 of the Indian Penal Code.

The prosecution allegation is that on 17.09.2022 at about 4.10 p.m. the petitioners requested the defacto complainant to come out from an auto stand at Palappilly, wrongfully restrained him, attacked him by stick and iron rod causing fracture to his hand. Thus the accused have committed the abovesaid offences.

Petitioners submit that they have been falsely implicated in the abovesaid crime. Petitioners submit that earlier a crime was registered as Crime No.527 of 2022 by Varantharappilly Police based on a complaint filed by the sister of accused Nos.2 and 3 against the defacto complainant, who is her former husband. Thereafter on the very same day the present crime has been registered against the petitioners. Petitioners further submit that they have no other criminal antecedents.

Learned Public Prosecutor seriously opposed the application for bail mainly contending that the defacto complainant was attacked by the petitioners herein and he sustained serious injuries including fracture of the hand. Learned Public Prosecutor upon instructions submitted that the petitioners have no other criminal antecedents.

It is seen that the allegations in Crime No.527 of 2022 is that the former husband of the sister of accused Nos.2 and 3, who is the defacto complainant in the present case has torturing her physically and mentally and thereafter their marriage ended in divorce. Even thereafter he has been continuously interfering with the affairs of the sister of accused Nos.2 and 3 and harassing her and that on 17.09.2022 the defacto complainant in the present crime attacked the petitioners herein and they sustained injuries and that they were treated at Puthukkad Taluk Hospital and Thrissur District Hospital. To which the learned Public Prosecutor submitted that it is only their sister who had filed a complaint and the petitioner who claimed to have been injured in the said incident have not preferred any complaint.

Considering the facts and circumstances of the case and also taking into consideration the fact that the petitioners have no other criminal antecedents, I am inclined to grant anticipatory bail to the petitioners. In the result, the application is allowed. The petitioners shall surrender before the Investigating Officer in Crime No.528 of 2022 of Varantharappilly Police Station, Thrissur on 10.12.2022 at 11.00 a.m. and shall make themselves available for interrogation on that day or on any other day/days and time as directed by the investigating officer. The petitioners shall co-operate with the investigation. In the event of the arrest of the petitioners in Crime No.528 of 2022 of Varantharappilly Police Station, Thrissur, they shall be produced before the jurisdictional court on the very same day and shall be released on bail subject to the following conditions.

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

(ii) They shall appear before the investigating officer in Crime No.528 of 2022 of Varantharappilly Police Station, Thrissur as when required.

(iii) They shall not attempt to influence the defacto complainant or interfere with the investigation or to influence or intimidate any witness in Crime No.528 of 2022 of Varantharappilly Police Station, Thrissur.

(iv) They shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in Crime No.528 of 2022 of Varantharappilly Police Station, Thrissur may file an application before the 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 any of the petitioners even when the petitioners are 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).