Allowed

Arun.N.U., v. the State of Kerala

Kerala HC6 Jan 2022Bail Appl./23/2022

Case brief

AI extract

What is this about?

The High Court of Kerala allowed an application for anticipatory bail regarding alleged offences under Sections 323, 324, 326, 506, and 294(b) IPC arising from a dispute over a pathway and an alleged assault involving a cricket stump. The court released the petitioner subject to specific bond, reporting, and non-contact conditions.

What did the court decide?

Release on bail on execution of bond, regular reporting, non-interference with investigation, and prohibition from entering local limits of North Parur Police Station.

Arun.N.U., Vs the State of Kerala — Bail and Remand | 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 6^TH DAY OF JANUARY 2022 / 16TH POUSHA, 1943

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BAIL APPL. NO. 23 OF 2022

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CRIME NO.1393/2021 OF NORTH PARUR POLICE STATION, ERNAKULAM

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DISTRICT

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PETITIONER/ACCUSED:

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ARUN.N.U, AGED 33 YEARS S/O.C.R.UNNIKRISHNAN, NAMBOORIPARAMBU, KAITHARAM P.O., NORTH PARUR, ERNAKULAM DISTRICT, PIN-683 519.

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BY ADV. P.SAMSUDIN

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RESPONDENT/COMPLAINANT:

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THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.

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SRI. M.C. ASHI (PP)

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL. NO. 23 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 accused in Crime No.1393 of 2021 of North Parur Police Station, Ernakulam District, alleging commission of offences under Sections 323, 324, 326, 506 and 294(b) of the Indian Penal Code. The allegation against the petitioner is that owing to a dispute over a pathway, the petitioner attacked the de-facto complainant with a cricket stump and caused serious injuries on him including the fracture of his elbow.

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The learned counsel for the petitioner submits that there is absolutely no pathway dispute between the petitioner and the defacto complainant. It is submitted that the de-facto complainant is a habitual drunkard and always used to create nuisance in the locality. It is submitted that in the year 2018, the de-facto complainant had attacked the mother of the petitioner and had also pelted stones etc on his house, which resulted in registration of Annexure – A2 FIR against the de-facto complainant. It is submitted that again on the date of the incident (30.12.2021), the de-facto complainant in a highly inebriated condition started shouting obscenities against the petitioner and his mother and when the

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BAIL APPL. NO. 23 OF 2022

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petitioner tried to prevent the same, there occurred a scuffle and the de-facto complainant fell down and the alleged fracture could have been occasioned on account of the same. It is submitted that the petitioner has not attacked the de-facto complainant with a stump as alleged in the First Information Statement given by the defacto complainant.

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The learned Public Prosecutor, on instructions, submits that there are serious allegations against the petitioner. It is pointed out that the offences alleged include that under Section 326 of the Indian Penal Code. It is pointed out that if the petitioner is granted bail, since the petitioner and the de-facto complainant are neighbours, there is every chance of a further altercation between the petitioner and the de-facto complainant. It is submitted that the recovery is yet to be effected.

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Having regard to the facts and circumstances of the case, I am of the view that the interest of the prosecution can be served by granting limited custody of the petitioner to the prosecution. A condition can also be imposed to ensure that the petitioner does not enter the local limits of the North Parur Police Station for a short period to ensure that no further issues between the petitioner and the de-facto complainant erupt. Taking into

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BAIL APPL. NO. 23 OF 2022

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consideration of the facts and circumstances of the case, I am of the view that the custodial interrogation of the petitioner is not necessary.

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In the result, this bail 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.1393 of 2021 of North Parur Police Station, Ernakulam District, subject to the following conditions:

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(i) Petitioner shall execute bond for a sum of Rs.50,000/(Rupees fifty thousand) with two solvent sureties for the like sum to the satisfaction of the Jurisdictional Court; (ii) Petitioner shall co-operate with the investigation and shall report before the investigating officer in Crime No.1393 of 2021 of North Parur Police Station, Ernakulam District, at 09.00AM for the period from 11.01.2022 to 14.01.2022 and thereafter, whenever called upon to do so;

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(iii) Petitioner shall not interfere with the investigation or to influence or intimidate the de-facto complainant o r any witness in Crime No.1393 of 2021 of North Parur Police Station, Ernakulam District;

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BAIL APPL. NO. 23 OF 2022

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(iv) The petitioner shall not enter the local limits of North Parur Police Station till 28.02.2022 except for the purpose of complying with condition no.(ii) above.

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(v) 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.1393 of 2021 of North Parur Police Station, Ernakulam 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.N.U., v. the State of Kerala

Case brief

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Arun.N.U., v. the State of Kerala

Case brief

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