Allowed

Kaushik Raj. K v. State of Kerala

Kerala HC21 Sept 2023Bail Appl./1854/2022

Case brief

AI extract

What is this about?

This is an anticipatory bail application wherein the High Court of Kerala granted bail to three petitioners accused under various sections of the IPC, imposing conditions to ensure cooperation with investigation and appearance before the police.

What did the court decide?

Petitioners directed to execute bond with sureties; to appear before IO on specified dates; cooperate with investigation; and not contact the de facto complainant or influence witnesses.

Kaushik Raj. K Vs State of Kerala — Bail and Remand | Kerala HC (2023)

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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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THURSDAY, THE 21ST DAY OF SEPTEMBER 2023 / 30TH BHADRA, 1945

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BAIL APPL. NO. 1854 OF 2022

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CRIME NO.162/2022 OF MANJESHWAR POLICE STATION, KASARGOD DISTRICT

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PETITIONER/ACCUSED :

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1KAUSHIK RAJ. K
AGED 28 YEARS, S/O RAGHUNATH,
AMBEDKAR GRAMA, NEAR GPM COLLEGE, HOSABETTU,
MANJESHWAR TALUK, BADAJE, KASARAGODE, PIN – 671 323.

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2VIJITH. S
AGED 27 YEARS, S/O SADASHIVA,
NEAR GPM COLLEGE, HOSABETTU, BADAJE, MANJESHWAR TALUK,
KASARAGODE, PIN – 671 323.

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3VAISHAK. S
AGED 27 YEARS, S/O SURESH,
BOJA QUARTERS, NEAR DINESH BEEDI DEPOT, KUNJATHUR PO,
MANJESHWAR TALUK, KASARAGODE, PIN – 671 323.

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BY ADVS.
 T.G.RAJENDRAN
 T.R.TARIN
 V.A.VINOD

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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 STATION HOUSE OFFICER MANJESHWARAM POLICE STATION, KASARAGODE, PIN – 671 323.

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BY ADV G SUDHEER (PP)

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
21.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

B.A.No.1854/2022

ORDER

This is an application for anticipatory bail.

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Petitioners are accused in Crime No.162/2022 of Manjeshwar Police Station, Kasargod District, alleging commission of offences under Sections 143, 147, 341, 324, 354, 308 r/w Section 149 of the Indian Penal Code.

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The allegation against the petitioners is that, on 14-02-2022, at about 05.15 P.M., when the defacto complainant and her friends went to Manjeshwaram railway station for having tea, some identifiable persons including the petitioners herein started quarreling with the defacto complainant and her friends and there occurred some scuffle between them. It is alleged that when the defacto complainant attempted to intervene in the matter, one of the accused persons took a stone from the railway track and pelted the stone resulting in injury to the forehead of the defacto complainant.

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The learned counsel for the petitioners would submit that the petitioners are absolutely innocent in the

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B.A.No.1854/2022

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matter. It is submitted that the defacto complainant is a leader of a prominent youth organization. It is submitted that while there was some wordy altercation between the petitioners and the defacto complainant and her friends there was no occasion for the petitioners to attack the defacto complainant or her friends. It is submitted that the allegations are false and the petitioners are absolutely innocent in the matter.

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The learned Public Prosecutor would submit that owing to the fact that the petitioners have not surrendered and they could not be arrested, the investigation into the case has been stalled. It is submitted that several of the accused are yet to be identified and unless the cooperation of the petitioners is ensured, the investigation into the crime cannot be completed within a time frame. It is submitted that in such circumstances, the petitioners may be required to surrender before the investigating officer.

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Having heard the learned counsel for the petitioners and the learned Public Prosecutor and having regard to the facts and circumstances of the case, I am of

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B.A.No.1854/2022

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the opinion that the petitioners can be granted anticipatory bail subject to conditions. The crime was registered in the year 2022. Till today, the petitioners have not been arrested in connection with the case, though this Court had not granted any interim order of protection. The apprehension expressed by the learned Public Prosecutor that unless the petitioners surrender, it may not be possible to identify the other accused in the case, can be taken care of by imposing suitable conditions.

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In the result, this application is allowed. It is directed that the petitioners shall be released on bail, in the event of arrest in Crime No.162/2022 of Manjeshwar Police Station, Kasargod District, subject to the following conditions:-

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(i) Petitioners shall execute bond 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 arresting officer;

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(ii) Petitioners shall appear before the investigating officer in Crime No.162/2022 of Manjeshwar Police Station,

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B.A.No.1854/2022

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Kasargod District at 11.00 A.M on 28-09-2023 and on 29-09-2023 and thereafter whenever called upon to do so. The petitioners shall also cooperate with the investigation in every manner;

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(iii) Petitioners shall not attempt to contact the de facto complainant or interfere with the investigation or to influence or intimidate any witness in Crime No.162/2022 of Manjeshwar Police Station, Kasargod District;

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(iv) Petitioners 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.162/2022 of Manjeshwar Police Station, Kasargod District, may file an application before the jurisdictional Court for cancellation of bail.

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Sd/GOPINATH P. JUDGE

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ats

Kaushik Raj. K v. State of Kerala

Case brief

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Kaushik Raj. K v. State of Kerala

Case brief

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