Anticipatory bail application allowed. Petitioner granted bail in an assault case under IPC Section 326 subject to surrender, interrogation, bond execution, and conditions against interfering with investigation.
Bail granted subject to surrender, interrogation, bond of Rs.50,000 with two sureties, and conditions against interfering with investigation.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 26TH DAY OF AUGUST 2022 / 4TH BHADRA, 1944 BAIL APPL. NO. 3528 OF 2022
CRIME NO.203/2022 OF THALASSERY POLICE STATION, KANNUR
PETITIONER:
ABDUL MANAF .P. V AGED 49 YEARS, AL NOUGHAR, KOKKAPPURAM, GOPAL PETTA, TEMPLE GATE.P.O., CHALIL AMSOM, THIRUVANGAD DESOM, THALASSERY, KANNUR., PIN - 670102 BY ADVS. D.ARUN BOSE K.VISWAN
RESPONDENTS:
BY ADV
PP - SMT. NIMA JACOB
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A. No.3528 of 2022
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VIJU ABRAHAM, J.
= = = = = = = = = = = = = = = = = = = =
B.A. No.3528 of 2022
= = = = = = = = = = = = = = = = = = = = Dated this the 26th day of August, 2022
O R D E R
This is an application for Anticipatory Bail.
B.A. No.3528 of 2022
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came to the shop in a drunken condition and urinated inside the shop. When the wife of the petitioner questioned the de facto complainant, he exposed his genital and abused her. Moreover the de facto complainant caught hold of the hand of petitioner’s wife and thereby tried to outraged her modesty. Immediately after the said incident the wife of the petitioner was taken to the hospital having complaint of pain all over the shoulder and body, to substantiate the said contention the petitioner has produced Anx.2 – medical certificate. Later a complaint was filed before the Thalassery Police Station and a crime was registered against the de facto complainant as crime No.202/2022 (Anx.3). Thereafter, the petitioner submitted the present complaint which is registered as Crime No.203/2022. The action of the de facto complainant was questioned by the people of the locality and a scuffle occurred there and the de facto complainant has sustained injuries in the said scuffle.
B.A. No.3528 of 2022
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fracture of fore arm, but submitted that the petitioner has no
other criminal antecedents.
case and considering the nature of the allegations, I am inclined to grant bail to the petitioner subject to stringent conditions. In the result, this application is allowed. It is directed that the petitioner shall surrender before the investigating officer on 31.08.2022, at 11 a.m. and subject himself for interrogation on that day or any other day/days as directed by the investigating officer and in the event of arrest of the petitioner in Crime No.203/2022 of Thalassery Police Station, Kannur, the petitioner shall be produced before the jurisdictional magistrate on the same day and shall be released on bail, subject to the following conditions:-
(i) 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 ;
(ii) Petitioner shall appear before the investigating officer in Crime No.203/2022 of
B.A. No.3528 of 2022
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Thalassery Police Station, Kannur as and when
summoned to do so;
(iii) Petitioner shall not attempt to interfere with
the investigation or to influence or intimidate any
witness in Crime No.203/2022 of Thalassery Police Station, Kannur ;
(iv) Petitioner shall not involve in any other crime while on bail.
If any of the aforesaid conditions are violated, the investigating officer in Crime No.203/2022 of Thalassery Police Station, Kannur 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 the petitioner, even when the petitioner is 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).
Sd/-
VIJU ABRAHAM, JUDGE
ded/26.08.2022
2 issues framed by the court
Whether the petitioner is entitled to anticipatory bail in an offence under Section 326 IPC considering the allegations of assault and false implication.
Whether stringent conditions can be imposed on the grant of bail to ensure the fairness of the investigation.
Colour shows how this judgement treated each authority
Sushila Aggarwal and others v. State(NCT of Delhi) and another(2020(1)KHC 663)Explained¶48
1 provisions across 1 enactments
Abdul Manaf .P. V
State of Kerala
Viju Abraham
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
