Allowed

Vayalapra Vijayan v. State of Kerala

Kerala HC17 Mar 2022Bail Appl./68/2022

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What is this about?

Single judge High Court allowed an application for anticipatory bail granted to a physical education teacher accused of assault and injury causing charges under IPC. Bail was granted subject to strict conditions including bond execution, appearance before investigating officer, non-interference with witnesses, and prohibition of committing new crimes.

What did the court decide?

Anticipatory bail allowed subject to execution of bond for Rs. 50,000 with two sureties, appearance before investigating officer, and condition not to contact complainant or interfere with investigati

Vayalapra Vijayan 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 GOPINATH P. THURSDAY, THE 17^TH DAY OF MARCH 2022 / 26TH PHALGUNA, 1943 BAIL APPL. NO. 68 OF 2022

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CRIME NO.1/2022 OF CHERUPUZHA POLICE STATION

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PETITIONER/ACCUSED:

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VAYALAPRA VIJAYAN
AGED 53 YEARS
VAYALAPRA HOUSE, KULATHVAY ROAD,
PRAPOYIL P.O, CHERUPUZHA,
KANNUR
KANNUR, PIN - 670511
BY ADVS.
I.V.PRAMOD
SAIRA SOURAJ P.
SREEMUKUND R.

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RESPONDENT/S:

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

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SMT. SEETHA .S. (SR.PP)

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
17.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL. NO. 68 OF 2022 2

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ORDER

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This is an application for anticipatory bail.

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Petitioner is the 1^st accused in Crime No.1/2022 of Cherupuzha police station, alleging commission of offences under Sections 323, 324, 341, 294(b), 506(ii) and 308 r/w. 34 of the Indian Penal Code.

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Allegation against the petitioner is that on 31.12.2022 , at about 07.00 pm, when the de facto complainant was talking with a panchayat member, the petitioner, a physical education teacher, came to the scene with the 2^nd accused and after abusing him in filthy language, assaulted him with a weapon, resulting in injuries.

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Learned counsel appearing for the petitioner submits that the only non-bailable offence alleged is that under Section 308 of the Indian Penal Code. It is submitted that even if the entire allegations in the First Information Statement are taken to be true, the offence under Section 308 of the Indian Penal Code is not attracted. It is submitted that the alleged weapon is nothing but the car key of the petitioner. It is submitted that the only injury reported by the de facto complainant is a lacerated wound below his left eye brow. It is submitted that by

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BAIL APPL. NO. 68 OF 2022 3

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no stretch of imagination, it can be said that the offence under Section 308 Indian Penal Code is attracted. It is submitted that the 2^nd accused in the case has already been released on bail.

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Learned Public Prosecutor opposes the grant of bail. It is submitted that the petitioner is accused in two other criminal cases. It is submitted that the weapon allegedly used by the petitioner is the clutch lever of a motor bike. It is submitted that the petitioner is not entitled to anticipatory bail.

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Learned counsel appearing for the petitioner submits that in both the cases, reported as criminal antecedents against the petitioner, no non-bailable offence is involved.

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Having regard to the facts and circumstances of the case and considering the nature of the allegations, I am of the opinion that anticipatory bail can be granted to the petitioner subject to strict conditions.

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In the result, this application is allowed. It is directed that the petitioner shall be released on bail, in the event of arrest in crime No.1/2022 of Cherupuzha police Station 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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BAIL APPL. NO. 68 OF 2022 4

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(ii) Petitioner shall appear before the investigating officer in Crime No..1/2022 of Cherupuzha Police station at 10.00 am on 28.03.2022 and thereafter, as and when summoned to do so;

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(iii) The petitioner shall not attempt to contact the de facto complainant or interfere with the investigation or to influence or intimidate any witness in Crime No.1/2022 of Cherupuzha police station;

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(iv) The 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.1/2022 of Cherupuzha police station may file an application before the jurisdictional Court, for cancellation of bail.

sd/-

GOPINATH P.

JUDGE

ajt

Vayalapra Vijayan v. State of Kerala

Case brief

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Vayalapra Vijayan v. State of Kerala

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