Partly allowed

Sabareesan @ Sabari v. State of Kerala

Kerala HC11 Jan 2022Bail Appl./8935/2021

Case brief

AI extract

What is this about?

The High Court of Kerala partly allowed an application for anticipatory bail for three accused persons. Accused 2 and 3 were granted bail upon satisfaction of conditions. The first accused was directed to surrender by a specific date before the investigation officer for arrest and production before the magistrate, with a right to file a bail application afterwards.

What did the court decide?

Petitioners 2 and 3 granted bail subject to conditions; 1st petitioner directed to surrender by 20.01.2022 for arrest and production before Magistrate.

Sabareesan @ Sabari 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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TUESDAY, THE 11^TH DAY OF JANUARY 2022 / 21ST POUSHA, 1943

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BAIL APPL. NO. 8935 OF 2021

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CRIME NO.1864/2021 OF Maranallor Police Station,

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Thiruvananthapuram

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PETITIONER/ACCUSED NO.1, 2 & 3:

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1 SABAREESAN @ SABARI

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AGED 26 YEARS

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S/O KUMARI, G.S.REKHA, KRISHNA BHAVAN, VARIYAMVILLAKOM, VANDANOOR, PERUMPAZHUTHOOR, THIRUVANANTHAPURAM-695 128

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2 INDRAJITH @ ANU, AGED 30 YEARS S/O PRASANNAN, GIRIJA BHAVAN, VANDANOOR, PERUMPAZHUTHOOR P.O.THIRUVANANTHAPURAM-695 126.

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3 ARUNKUMAR G @ SHIBU, AGED 36 YEARS S/O GIRIJA KUMARI, GEETHA BHAVAN, MALAVILLA, ERUTHAVOOR, RUSSEL PURAM, MALAYINKEEZHU, TRIVANDRUM-695 571

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BY ADV M.R.SARIN

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RESPONDENT/STATE:

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

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

B.A.No.8935/2021

ORDER

This is an application for anticipatory bail.

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The petitioners are the accused in Crime No.1864/2021 of Maranalloor Police Station, Thiruvananthapuram District alleging commission of offences under Sections 323, 324, 506(i), 308 & 34 of the Indian Penal Code and Section 27 of Arms Act.

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The allegation against the petitioners is that they trespassed into the property of the de facto complainant, on 10.10.2021 at about 8 p.m., and assaulted the de facto complainant and his friend Rohit, who had tried to prevent the attack. The 2^nd accused is alleged to have used a knife and the 1^st accused is alleged to have used a sword with an attempt to kill the de facto complainant. It is alleged that the 1^st accused, using the sword, had inflicted an injury on the backside of the left ear of the de facto complainant.

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The learned counsel for the petitioners submits that the de facto complainant's brother had attacked the mother of the 1^st petitioner. It is submitted that the mother of the 1^st petitioner is an elected member of the Maranalloor Panchayat and the attack by the brother of the de facto complainant was solely on account of political reasons. It is submitted that, following a private complaint, Crime No.1895/2021 has been registered against the brother of the de facto complainant as is evidenced from Annexure-A3 FIR. It is submitted that filing of the complaint, which led to registration of Crime No.1864/2021 is nothing

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B.A.No.8935/2021

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but a counter blast. It is also submitted that the petitioners have no criminal antecedents.

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I have heard the learned Public Prosecutor also, who submits that there are serious allegations against the 1^st petitioner. It is submitted that since there is an allegation that the 1^st petitioner used a sword to inflict injury on the de facto complainant, recovery is absolutely essential. It is also submitted that the wound certificate in respect of the de facto complainant suggests that the allegations made by him are substantially correct.

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Having regard to the facts and circumstances of the case, I am of the view that petitioners 2 and 3 can be granted anticipatory bail subject to conditions. In so far as the 1^st petitioner is concerned, he can be directed to surrender before the investigating officer with a condition that the he shall be produced before the jurisdictional Magistrate on the date of surrender itself.

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In the result, this application for anticipatory bail is partly allowed. It is directed that the petitioners 2 and 3 shall be released on bail in the event of arrest in Crime No.1864/2021 of Maranalloor Police Station, subject to the following conditions:-

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(i) The petitioners 2 and 3 shall execute bonds for sums of Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court;

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(ii) The petitioners 2 and 3 shall report before the investigating officer in Crime No.1864/2021 of Maranalloor Police Station at 11 a.m.,

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B.A.No.8935/2021

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on every every Saturday at 11 a.m until further orders;

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(iii) The petitioners 2 and 3 shall co-operate with the investigation in connection with Crime No.1864/2021 of Maranalloor Police Station;

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(iv) The petitioners 2 and 3 shall not influence or intimidate the de facto complainant or any witness in Crime No.1864/2021 of Maranalloor Police Station;

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(v) The petitioners 2 and 3 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. 1864/2021 of Maranalloor Police Station, Thiruvananthapuram District may file an application before the jurisdictional Court, for cancellation of bail.

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In so far as the 1^st petitioner is concerned, it is directed that, if the 1^st petitioner surrenders before the investigating officer in Crime No.1864/2021 of Maranalloor Police Station, on or before 20.1.2022, his arrest shall be recorded and he shall be produced before the jurisdictional Magistrate on the same day. If any bail application is filed by the 1^st petitioner on his production before the learned Magistrate, the

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same shall be considered, without delay. Sd/-

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GOPINATH P. JUDGE

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acd

Sabareesan @ Sabari v. State of Kerala

Case brief

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What did the court decide?

Sabareesan @ Sabari v. State of Kerala

Case brief

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