Allowed

M.R.Davis v. State of Kerala

Kerala HC12 Jan 2022Bail Appl./5354/2021

Case brief

AI extract

What is this about?

In a bail application regarding offences under IPC Sections 324, 326, and 506 for an alleged attack with a hammer, the High Court of Kerala granted anticipatory bail to the accused petitioner subject to stringent conditions to ensure fair investigation and prevent witness interference.

What did the court decide?

Petitioner released on anticipatory bail subject to executing a bond, appearing weekly, not contacting witnesses, and not committing other crimes.

M.R.Davis 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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WEDNESDAY, THE 12^TH DAY OF JANUARY 2022 / 22ND POUSHA, 1943

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BAIL APPL. NO. 5354 OF 2021

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CRIME NO.1290 OF 2021 OF ALUVA EAST POLICE STATION

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PETITIONER/ACCUSED:

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M.R.DAVIS AGED 61 YEARS S/O.RAPHEL, MENACHERY HOUSE, EAST KADUNGALLOOR, U.C.COLLEGE P.O., ALUVA, PIN - 683 102.

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BY ADV JAISON JOSEPH

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RESPONDENT/STATE:

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

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2 SUB INSPECTOR OF POLICE, ALUVA EAST POLICE STATION, PIN - 683 101.

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ADDL.R3 IMPLEADED

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ADDL.R3 PUSHPA SAJEEV AGED 53 YEARS W/O SAJEEVAN, THOPPIL HOUSE, KADEPILLY, EAST KADUNGALOOR, U.C.COLLEGE P.O, ALUVA, ERNAKULAM DISTRICT, PIN-683102. IS IMPLEADED AS PER ORDER DATED 02/09/2021 IN CRL.MA NO.1/2021.

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R1 & R2 BY SRI.T.R.RANJITH, SR.P.P.

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BY ADV DINESH MATHEW J.MURICKEN

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON

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12.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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B.A. No. 5354 of 2021

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GOPINATH.P, J

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B.A. No. 5354 of 2021

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Dated this the 12^th day of January, 2022

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O R D E R

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The petitioner is the accused in Crime No.1290/2021 of Aluva East Police Station alleging commission of offences punishable under Sections 324, 326 and Part II of 506 of the Indian Penal Code.

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The allegations against the petitioner is that owing to some dispute with the de facto complainant and her husband regarding the discharge of waste water the petitioner attacked the husband of the de facto complainant and the de facto complainant with a hammer and caused a fracture on one finger of the de facto complainant and thereby he committed offences alleged against him.

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The learned counsel for the petitioner submits that the petitioner is absolutely innocent in the matter and while he may be accused of having threatened the de facto complainant and her husband with a hammer, he cannot be any stretch of imagination be accused of having attacked them with a hammer. It is submitted that even the video clip which is available regarding the incident does not show that the petitioner had actually attacked the de facto complainant and her husband. It is submitted that considering the nature of the allegations against the petitioner who is an ex-service man, the custodial interrogation of the petitioner is not

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B.A. No. 5354 of 2021

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necessary in the matter.

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Learned Public Prosecutor and the learned counsel appearing for the de facto complainant would vehemently oppose the grant of Anticipatory Bail. It is submited that the offences alleged against the petitioner are serious and if the de facto complainant had not warded of the attack, serious injuries would have been occassioned to the de facto complainant. It is submitted that de facto complainant and her husband are running a small tea shop and their livelihood had been affected on account of the attack of the petitioner. It is also submitted that the petitioner is an ex-service man who is an influential person in the area and there is every chance that the material witnesses may be influenced if he is granted anticipatory bail. It is also pointed out that the de facto complainant and her husband are living under the threat caused by the de facto complainant.

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Having regard to the facts and circumstances of the case and having considered the submissions on either side, I am of the view that the petitioner can be granted anticipatory bail subject to stringent conditions since his custody may not be necessary for the purpose of the proper investigation in Crime No. 1290/2021.

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In the result, this application is allowed. It is directed that the petitioner shall be released on anticipatory bail, in the event of his arrest in connection with Crime No.1290/2021 of Aluva East Police Station subject to the following conditions:-

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B.A. No. 5354 of 2021

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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 like sum to the satisfaction of the jurisdictional Court;

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(ii) Petitioner shall appear before the investigating officer in Crime No.1290/2021 of Aluva East Police Station on every Saturday at 11:00 a.m until the filing of the final report;

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(iii) Petitioner shall not attempt to contact (the victim or the de facto complainant) or interfere with the investigation or to influence or intimidate any witness in Crime No.1290/2021 of Aluva East Police Station;

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(iv) 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

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in Crime No.1290/2021 of Aluva East Police Station may file an application before the jurisdictional Court for cancellation of bail.

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Sd/-GOPINATH.P JUDGE

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lsn

M.R.Davis v. State of Kerala

Case brief

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What did the court decide?

M.R.Davis v. State of Kerala

Case brief

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