Allowed

Arun.v.M v. State of Kerala

Kerala HC10 Mar 2022Bail Appl./119/2022

Case brief

AI extract

What is this about?

This judgment grants anticipatory bail to the petitioner, who is the second accused in a case alleging affray and assault under the IPC. The court held that custodial interrogation was not necessary and ordered his release on bail subject to specific conditions.

What did the court decide?

Petitioner released on bail subject to executing a bond of Rs. 50,000 with two sureties, appearing before the investigating officer, and not interfering with the investigation.

Arun.v.M Vs State of Kerala — Anticipatory Bail | Kerala HC (2022)

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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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THURSDAY, THE 10^TH DAY OF MARCH 2022 / 19TH PHALGUNA, 1943

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BAIL APPL. NO. 119 OF 2022

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CRIME NO.1253 OF 2021 OF KOYILANDY POLICE STATION, KOZHIKODE

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DISTRICT

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PETITIONER/ACCUSED:

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ARUN.V.M, AGED 28 YEARS, S.O.BALAKRISHNAN, VELLILAT MEETHAL, PANTHALAYANI AMSOM, DESOM, KOYILANDY, KOZHIKODE, KOZHIKODE, PIN – 673 305. BY ADV K.DEEPA (PAYYANUR)

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RESPONDENT:

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STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN – 682 031.

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BY SMT. SEETHA. S (SR.PP)

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL. NO. 119 OF 2022

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ORDER

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This is an application for anticipatory bail.

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The petitioner is the 2^nd accused in Crime No.1253 of 2021 of Koyilandy Police Station, Kozhikode District, alleging commission of offences under Sections 143, 147, 148, 341, 323, 324 & 308 read with Section 149 of the Indian Penal Code. The allegation against the petitioner is that on 10.10.2021 at about 07.30PM, accused Nos.1 to 4 and five other identifiable persons formed themselves into an unlawful assembly and thereafter, wrongfully restrained the de-facto complainant and inflicted injuries on him by beating him with their hands and with an iron rod. It is alleged that the 1^st accused had attempted to injure the de-facto complainant with an iron rod and had the de-facto complainant not been able to evade the same, the attack would have resulted in the death of the de-facto complainant.

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The learned counsel appearing for the petitioner would submit that the allegations are totally false. It is submitted that the allegations are raised only on the account of political rivalry. It is submitted that the thrust of the allegation is against the 1^st accused. It is submitted that the custodial interrogation of the petitioner is not necessary in the facts and circumstances of the case.

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BAIL APPL. NO. 119 OF 2022

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The learned Public Prosecutor opposes the grant of bail. It is pointed out that the petitioner has criminal antecedents. It is submitted that the petitioner is not entitled to be granted bail as the de-facto complainant suffered serious injuries owing to the attack by the petitioner and others.

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Having regard to the facts and circumstances of the case and considering the nature of the allegations raised, I am of the view that the petitioner can be granted bail subject to conditions, as his custodial interrogation does not appear to be necessary in the matter.

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In the result, this application is allowed and it is directed that the petitioner shall be released on bail, in the event of his arrest in connection with Crime No.1253 of 2021 of Koyilandy Police Station, Kozhikode District, subject to the following conditions:

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

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(ii) The petitioner shall appear before the investigating officer in Crime No.1253 of 2021 of Koyilandy Police Station, Kozhikode District, at 10.00AM on 18.03.2022 and 19.03.2022 and thereafter, whenever called upon to

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BAIL APPL. NO. 119 OF 2022

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do so;

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(iii) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate the de-facto complainant or any witness in Crime No.1253 of 2021 of Koyilandy Police Station, Kozhikode District;

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(iv) The 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.1253 of 2021 of Koyilandy Police Station, Kozhikode District, may file an application before the Jurisdictional Court, for cancellation of bail.

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Sd/- GOPINATH P. JUDGE

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Arun.v.M v. State of Kerala

Case brief

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Arun.v.M v. State of Kerala

Case brief

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