Allowed

Sajiraj v. State of Kerala

Kerala HC26 Aug 2022Bail Appl./5072/2022

Case brief

AI extract

What is this about?

In this application for anticipatory bail, the Single Judge of the High Court of Kerala at Ernakulam granted pre-arrest bail to the petitioner subject to stringent conditions, including surrender for interrogation and compliance with investigation requirements.

What did the court decide?

Application allowed; bail granted on conditions including surrender for interrogation by 31.08.2022 and execution of a bond of Rs. 50,000 with two sureties.

Sajiraj Vs 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 VIJU ABRAHAM

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FRIDAY, THE 26^TH DAY OF AUGUST 2022 / 4TH BHADRA, 1944

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BAIL APPL. NO. 5072 OF 2022

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PETITIONER/ACCUSED:

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SAJIRAJ, AGED 47 YEARS CHERUMANNOORTHOTTAM, KARICHIYIL, ATTINGAL P.O., THIRUVANANTHAPURAM, PIN - 695101

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BY ADV M.S.AMAL DHARSAN

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RESPONDENT/STATE:

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1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031

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2 THE STATION HOUSE OFFICER, ATTINGAL POLICE STATION, ATTINGAL P.O, THIRUVANATHAPURAM, PIN - 695101

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OTHER PRESENT:

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PP - SRI. M.C.ASHI

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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B.A. No. 5072 of 2022 2

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VIJU ABRAHAM, J.

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-------------------

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B.A. No. 5072 of 2022

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---------------------------------Dated this the 26^th day of August, 2022

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ORDER

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Application for anticipatory bail.

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Petitioner is the sole accused in Crime No.692

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of 2022 of Attingal Police Station,

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Thiruvananthapuram District registered alleging commission of offences punishable under Sections 341, 294(b),323 and 326 of the Indian Penal Code.

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The prosecution allegation is that, on 06/06/2022 at about 3:30pm, the accused out of animosity towards the de-facto complainant, wrongfully restrained the de-facto complainant who was riding a motorcycle, uttered obscene words at him and beat him on his back and right part of chest

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resulting in fracture of the ribs, and thereby committed the above said offences.

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The petitioner submits that he has been

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falsely implicated in the above said crime. The

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B.A. No. 5072 of 2022 3

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defacto complainant is the husband of the petitioner's sister and he is a habitual offender involved in several other criminal cases. There is a property dispute between the petitioner and the defacto complainant. On an earlier occasion also, the defacto complainant attempted to attack the mother of the petitioner, thereupon, Annexures-II & III complaints were preferred before the Attingal Police regarding the same. Petitioner submits that he is a member of the Armed Force. On the alleged day the defacto complainant attempted to attack the mother of the petitioner and a scuffle occurred and injury if any, is sustained in connection with the said alleged incident.

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Heard the learned counsel appearing for the petitioner and the learned Public Prosecutor.

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The learned Public Prosecutor seriously opposed the application for bail mainly contending that serious injuries were sustained by the defacto complainant and further that there are eye witnesses to the alleged incident also. Learned Public

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B.A. No. 5072 of 2022 4

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Prosecutor further submits that the petitioner has no other criminal antecedents.

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When the matter was came up for consideration in the earlier occasion, this Court has passed an order 'not to arrest the petitioner', and the said order is still in force. Counsel for the petitioner submits that the investigation is practically over and custodial interrogation is not required.

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Having regard to the facts and circumstances

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of the case, and nature of the allegations, I am inclined to grant pre-arrest bail to the petitioner,

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but on stringent conditions. The above bail application is allowed with the following directions. The petitioner shall surrender before the investigating officer on 31.08.2022 and make himself available for interrogation on that day or on any other day or days as directed by the investigating officer. In the event of arrest of the petitioner in Crime No.692 of 2022 of Attingal Police Station, he shall be produced before the jurisdictional Magistrate on the same day and be

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B.A. No. 5072 of 2022 5

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released on bail on the following conditions:

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(i) The petitioner shall execute a bond for 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 petitioner shall appear before the investigating officer in Crime No.692/2022 of Attingal Police Station as and when summoned to do so;

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(iii) The petitioner shall co-operate with the investigation and make himself available for interrogation whenever so required;

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(iv) The petitioner shall not tamper with any evidence;

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(v) The petitioner shall not directly or indirectly make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer;

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(vi) The petitioner shall not involve in any other crime while on bail.

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If any of the aforesaid conditions are violated,

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the Investigating Officer in Crime No.692/2022 of Attingal Police Station, may file an application

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B.A. No. 5072 of 2022 6

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before the jurisdictional court for cancellation of

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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 another (2020 (1) KHC 663) .

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sd/- VIJU ABRAHAM,JUDGE

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Sajiraj v. State of Kerala

Case brief

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Sajiraj v. State of Kerala

Case brief

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