Allowed

Vijayakumar v. State of Kerala

Kerala HC7 Dec 2021Bail Appl./6296/2021

Case brief

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What is this about?

The High Court of Kerala disposed of a bail application. The court allowed anticipatory bail for the second petitioner, a Panchayat President, subject to conditions, while dismissing the bail plea for the first petitioner.

What did the court decide?

Anticipatory bail granted to the 2nd petitioner subject to conditions including bond execution, non-contact with complainant, and non-interference with investigation; bail for the 1st petitioner dismi

Vijayakumar Vs State of Kerala — Bail and Remand | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE GOPINATH P.

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TUESDAY, THE 7^TH DAY OF DECEMBER 2021 / 16TH AGRAHAYANA, 1943

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BAIL APPL. NO. 6296 OF 2021

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Crime No.1777/2021 of Thiruvalla Police Station

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PETITIONERS/ACCUSED No.4 & 7:

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1 VIJAYAKUMAR AGED 69 YEARS, S/O. GOPALAKRISHNA PILLAI, NADUVILE PARAMBIL HOUSE, THENGELI P. O., THRUVALLA.

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2 SANJU K. G. AGED 43 YEARS S/O. GOPALAKRISHNA PILLAI, KAYYALAKKAKATHU HOUSE, THENGELI P. O., THRUVALLA.

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BY ADVS. K.RAMACHANDRAN T.P.PRADEEP MINIKUMARY M.V.

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RESPONDENTS/COMPLAINANTS:

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1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682 031. 2 SUB INSPECTOR OF POLICE THIRUVALLA POLICE STATION, THIRUVALLA P. O., PATHANAMTHITTA DISTRICT, PIN - 689 101.

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OTHER PRESENT:

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SMT. SEETHA .S. (SR.PP)

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

B.A. No.6296/2021

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O R D E R

The petitioners are accused Nos.4 and 7 in Crime No.1777/2021 of Thiruvalla Police Station, Pathanamthitta District alleging commission of offences under Sections 143, 147, 148, ,194 (b), 324, 354, 308, 427 read with Section 34 of the Indian Penal Code and Section 3 of the Explosive Substances Act, 1908.

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The allegation against the petitioners is that on 08-08-2021 at 11.45 p.m accused Nos.1 to 7 together with 30 other identifiable persons unlawfully assembled together with deadly weapons and in violation of the order of the civil court and cut open a pathway using a JCB. It is alleged that they destroyed a wall and cut down trees causing a loss of Rs. 2 lakhs to the de facto complainant and her family. It is also alleged that the de facto complainant's father-in-law came out of the house, he was assaulted by one of the accused using a sword causing injury on his left elbow. It is also alleged that one of the other accused used an iron rod and attacked him again resulting in injuries. The de facto complainant who was a pregnant lady tried to intervene and then some among the accused verbally abused her and pushed her down and has also threw a country made bomb creating a panic situation.

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The learned counsel for the petitioner submits that the application for anticipatory bail filed by accused No.4 (1^st petitioner) is not pressed and he may be given liberty to approach the jurisdictional court for grant of bail. In so far as accused No.7 (2^nd petitioner) is concerned, it is submitted that he is the President of the local Panchayat and he had gone there on coming to know that there was an issue between the de facto complainant and the other accused in the case. It is submitted that the 2^nd petitioner had not gone there in connection with an attempt

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B.A. No.6296/2021

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to cut open a pathway and had not offered any sort of support to the persons who are alleged to have cut open the pathway through the property of the de facto complainant.

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The learned Public Prosecutor on instructions would submit in so far as the 2^nd petitioner is concerned only a through investigation will reveal whether the petitioner was actually involved in the matter or not. It is submitted that the 2^nd petitioner was also identified as a person who was present at the time when the offence alleged had been committed. It is submitted that grant of bail to the 2^nd petitioner may affect the progress of investigation into the matter.

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Having regard to the facts and circumstances of the case and considering the fact that the petitioner is stated to be the President of the local Panchayat who had gone to the place on being informed there was an issue there and also considering the fact that there are no specific allegations against the 2^nd petitioner as of now, I am of the view that the 2^nd petitioner can be granted anticipatory bail subject to conditions.

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In the result, this bail application is allowed in so far as it relates to the 2^nd petitioner and it is directed that the 2^nd petitioner shall be released on bail, in the event of his arrest in connection with Crime No.1777/2021 of Thiruvalla Police Station subject to the following conditions:-

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(i) The 2^nd petitioner shall execute 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;

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(ii) The 2^nd petitioner shall appear before the Investigating officer in Crime No.1777/2021 of Thiruvalla Police Station as and when summoned to do so;

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B.A. No.6296/2021

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(iii) The 2^nd petitioner shall not attempt to contact the de facto complainant or interfere with the investigation or to influence or intimidate any witness in Crime No.1777/2021 of Thiruvalla Police Station;

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(iv) The 2^nd petitioner shall not involve in any other crime while on bail.

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If any of the aforesaid conditions are violated, the Investigating officer in Crime No.1777/2021 of Thiruvalla Police Station may file an application before the jurisdictional Court for cancellation of bail.

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The bail in so far it relates to the 1^st petitioner will stand dismissed.

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Sd/- GOPINATH P. JUDGE

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AMG

Vijayakumar v. State of Kerala

Case brief

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Vijayakumar v. State of Kerala

Case brief

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