Vishnu P.V vs State Of Kerala

Mohammed Nias C.P.J

Apprehending arrest in Crime No.1398/2023 of Udayamperoor Police Station, Ernakulam, registered for offences punishable under Sections 294(b), 341, 323, 324, 308 and 120 B r/w Section 34 of the Indian Penal Code, the accused have filed this application under Section 438 of the Code of Criminal Procedure.

The prosecution case is that the defacto complainant attacked the 1st petitioner/accused No.1. The 1st petitioner had to face brutal verbal assault from the complainant when they met at the fitness centre. The defacto complainant used filthy and foul-mouthed language towards the petitioners and beat up the 1st petitioner.

On 30.08.2023 at about 05.30 p.m., the defacto complainant spotted the 1st petitioner at the road opposite the Stallion Fitness Center, Manakunnam Village, South Paravoorkara. The defacto complainant grabbed the 1st petitioner by his neck, pushed him towards the ground and started to shower filthy, vulgar and abusive words. It is also stated that the defacto complainant then slapped the 1st petitioner’s face, and when the petitioner tried to stop the defacto complainant from causing further bodily harm, the complainant started to hit the petitioner with a helmet on the back of the petitioner's head. The petitioner, while attempting to block the thrashing from the complainant, the right-hand fingers got dislocated. Thereafter, the 1st petitioner was admitted to Vijayakumaran Menon Hospital, Thripunithura, as in patient for two days.

The learned counsel for the petitioners contended that the prosecution allegations are false and the offences against the petitioners will not lie and therefore, they cannot be roped in as an accused

I have considered the rival contentions.

It is seen that this Court had granted an interim order, dated 03.10.2023, directing the petitioner to surrender before the Investigating Officer within a week for subjecting themselves to interrogation. It was also directed that, on such surrender, the petitioners shall be released on bail on executing separate bonds for Rs.50,000/- (Rupees Fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the Investigating Officer.

The learned counsel for the petitioners submits that pursuant to the above order, the petitioners had appeared before the Investigating Officer as directed and have been released on bail.

In such circumstances, I am inclined to pass an order making the earlier interim order absolute, subject to the following conditions:

(i) The petitioners shall cooperate with the Investigating Officer and shall appear as and when directed by the Investigating Officer.

(ii) The petitioners shall not intimidate or attempt to influence the witnesses, tamper with any evidence, or get involved in similar offences while on bail.

(iii) The petitioners shall not leave India without permission of the jurisdictional court.

(iv) In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.