Partly allowed

P.J.Soney v. the Station House Officer

Kerala HC17 Aug 2022Bail Appl./4254/2021

Case brief

AI extract

What is this about?

The High Court granted anticipatory bail to the second petitioner, Pukalyoil Sunil Thomas, subject to bail conditions and the filing of a bond, while directing the court to release him on bail if arrested. Bail was declined to the first petitioner, P.J. Soney. The court cited Sushila Aggarwal regarding police investigation powers.

What did the court decide?

Bail allowed for the second petitioner subject to conditions; bail denied for the first petitioner.

P.J.Soney Vs the Station House Officer — 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 VIJU ABRAHAM

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WEDNESDAY, THE 17^TH DAY OF AUGUST 2022/26TH SRAVANA, 1944

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BAIL APPL. NO. 4254 OF 2021

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CRIME NO.113/2021 OF CHERUPUZHA POLICE STATION, KANNUR

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PETITIONERS:

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1 P.J.SONEY

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AGED 43 YEARS

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S/O. JOSEPH, PULLIKKAKUNNEL HOUSE, CHERUPUZHA P.O, KAKKAYANCHAL, KANNUR DISTRICT PIN 670 511

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2 SUNIL @THOMAS P.A AGED 47 YEARS, S/O. JOSEPH,

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PUTHANPURAYIL HOUSE, CHERUPUZHA P.O,

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KAKKAYANCHAL, KANNUR DISTRICT., PIN 670 511

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BY ADV CIBI THOMAS

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RESPONDENTS:

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1 THE STATION HOUSE OFFICER CHEERUPUZHA POLICE STATION, KANNUR DISTRICT, PIN 670 511

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2 THE STATE OF KERALA

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REPRESENTED BY THE PUBLIC PROSECUTOR,

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HIGH COURT OF KERALA, ERNAKULAM 682 031

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3 ADDL.R3 SHEBIN

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S/O THOMAS, KUNDAM THADAM, CHERUPUZHA P.O , KANNUR (DT). PIN 670511, IS IMPLEADED AS ADDL. R3 AS PER ORDER DATED 28.09.2021 IN CRL.M.A 2/2021.

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4 ADDL. R4 ,SHINTO S/O THOMAS, KUNDAM THADAM, CHERUPUZHA P.O, KANNUR (DT). PIN 670511, IS IMPLEADED AS ADDL. R3 AS PER ORDER DATED 28.09.2021 IN CRL.M.A 2/2021.

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BY ADV

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SRI.M.C.ASHI - PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION

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ON 17.08.2022, THE COURT ON THE SAME DAY DELIVERED THE

FOLLOWING:

BA. No.4254/2021

..2..

O R D E R

Dated this the 17^th day of August, 2022

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This is an application for Anticipatory Bail.

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The petitioners are accused Nos.1 and 2 in Crime No.113/2021 of Cherupuzha Police Station, Kannur alleging commission of offences punishable under Sections 341, 323, 324, 506, 294 (b), 308 and 427 r/w Section 34 of the IPC.

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The prosecution case is that, on 15.06.2021 at about 6 PM, the petitioners restrained the de facto complainant for not giving side to the lorry driven by the 1^st petitioner and abused, threatened and assaulted him. The elder brother of the de facto complainant who came to the scene was also attacked and beaten with hand and iron rod. It is further alleged that if he had not averted, it would have been fatal. It is also alleged that the petitioner damaged the car of the de facto complainant and thereby committed the above said offences.

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The learned counsel for the petitioners submitted that the petitioners are falsely implicated in the above said

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BA. No.4254/2021

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..3..

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crime and it is the de facto complainant who have driven the car in a rash and negligent manner. In the alleged incident, the de facto complainant and his brother were assaulted, the petitioner hit on his head and face with a concrete piece. The 2^nd petitioner was riding his bike and he also questioned the rash and negligent driving of the de facto complainant and he was also attacked and in connection with the same Anx.II crime was also registered.

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The learned Public Prosecutor seriously opposed the application for bail mainly contending that the de facto complainant has sustained serious injuries in the alleged incident and the glass of the car was also damaged by the petitioners. It is submitted that the serious overt act of hitting with an iron rod is by the 1^st petitioner herein and the allegation against the 2^nd petitioner is that, he hit the de facto complainant with his hand.

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Having regard to the facts and circumstances of the case and considering the nature of the allegations, I am not inclined to grant bail to the 1^st petitioner and I am inclined to grant bail to the 2^nd petitioner subject to stringent conditions.

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BA. No.4254/2021

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..4..

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In the result, this application is allowed. It is directed that the 2^nd petitioner shall surrender before the investigating officer on 29.08.2022, at 11 a.m. and in the event of arrest of the 2^nd petitioner herein in Crime No.113/2021 of Cherupuzha 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:-

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(i) Petitioner shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the likesum to the satisfaction of the jurisdictional court ;

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(ii) Petitioner shall appear before the investigating officer in Crime No.113/2021 of Cherupuzha Police Station, Kannur as and when summoned to do so;

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(iii) Petitioner shall not attempt to interfere with the investigation or to influence or intimidate any witness in Crime No.113/2021 of Cherupuzha Police Station, Kannur ;

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BA. No.4254/2021

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(iv) Petitioner shall not involve in any other

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crime while on bail.

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If any of the aforesaid conditions are violated, the investigating officer in Crime No.113/2021 of Cherupuzha Police Station, Kannur may file an application before the jurisdictional Court, for cancellation of bail.

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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

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Sushila Aggarwal and others v. State(NCT of Delhi) and

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another(2020(1)KHC 663).

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Sd/-

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VIJU ABRAHAM, JUDGE

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ded/17.08.2022

P.J.Soney v. the Station House Officer

Case brief

What is this about?

What did the court decide?

P.J.Soney v. the Station House Officer

Case brief

What is this about?

What did the court decide?

What the court decided

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