Allowed

Rahul v. R v State of Kerala

Kerala HC5 Jul 2023Bail Appl./793/2023

Case brief

AI extract

What is this about?

The High Court of Kerala granted anticipatory bail to six accused charged under various sections of the IPC for assault, property damage, and restraint of a complainant's vehicle, subjecting them to strict bail conditions including surrender within two weeks, cooperation with investigation, and non-export.

What did the court decide?

Application disposed; petitioners to surrender within two weeks for interrogation, obtain police bail via bond with sureties, cooperate with investigation, and adhere to restrictive bail conditions.

Rahul v R 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 ZIYAD RAHMAN A.A.

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WEDNESDAY, THE 5^TH DAY OF JULY 2023 / 14TH ASHADHA, 1945

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BAIL APPL. NO. 793 OF 2023

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CRIME NO.1848/2022 OF PUTHOOR POLICE STATION

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PETITIONERS/ACCUSED 1 TO 6:

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1 RAHUL V R., AGED 35 YEARS, S/O RAJAN, PUTHUVAL PUTHEN VEEDU, POOVATTOOR KIZHAKKU MURI, KALAYAPURAM VILLAGE, KOLLAM DISTRICT, PIN - 691507

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2 ASWIN T K., AGED 24 YEARS, S/O THULASEEDHARAN, KANISHKA VEETTIL, VENMONEY POOVATTOOR KIZHAKKU MURI, KALAYAPURAM VILLAGE, KOLLAM DISTRICT, PIN - 691507

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3 MILAN RAJ, AGED 31 YEARS, S/O RAJAN, NJARAKKAL PUTHEN VEEDU, EEYAMKUNNU, PULAMON P.O., KOTTARAKARA, KOLLAM DISTRICT, PIN - 691531

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4 ARUN DEV, AGED 32 YEARS, S/O SURENDRAN, CHARUVILA VEEDU, VAYALILKADA, KOTTATHALA MURI, PUTHOOR VILLAGE, KOTTARAKARA, KOLLAM DISTRICT, PIN - 691507

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5 SHIJO MOHAN, AGED 25 YEARS, S/O MOHANAN, MANIMANDIRAM VEEDU, POOVATTOOR KIZHAKKU MURI, KALAYAPURAM VILLAGE, KOLLAM DISTRICT, PIN - 691507

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6 SUBIN, AGED 28 YEARS, S/O SUVARNAKUMAR, CHARUVILA VEEDU, VINDYANAGAR, KIZHAKKEKARA, KOTTARAKARA, KOLLAM DISTRICT, PIN - 691531

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BY ADVS. K.V.ANIL KUMAR VISHNU BHUVANENDRAN B.ANUSREE(K/000951/2016) RESHMA UNNIKRISHNAN(K/533/2016) MIRAL K.JOY(K/2005/2022)

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RESPONDENT/COMPLAINANT:

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STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 ADV SREEJA V SR PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

B.A.No.793/2023

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ORDER

Dated this the 5^th day of July, 2023

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The petitioners are accused Nos.1 to 6 in crime No.1848/2022 of Puthoor Police Station, which was registered for the offences punishable under Sections 294(b), 341, 324, 427, 326 read with Section 34 of the Indian Penal Code.

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The prosecution case is that, on 19.12.2022 at about 2 a.m., when the defacto complainant was on the way to his friend's house in his Maruti car, the accused Nos.1 to 5 wrongfully restrained the car at Viliyelkumpara junction and used abusive words towards him. Thereafter the 1^st accused allegedly attacked him with an iron rod and also caused damages to the car. The other accused have also attacked him. Consequent to the same, he sustained injury on his forehead. The crime was initially registered for the offences under Section 294(b), 341, 324, 427, read with Section 34 of the Indian Penal Code and subsequently the offence under Section 326 was incorporated. Earlier, the 1^st petitioner appeared before the investigating officer and released

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B.A.No.793/2023

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on bail as at the relevant time, no non bailable offences were incorporated. Subsequently, as the offence under Section 326 was added on 19.01.2023, the petitioner apprehends arrest in connection with the investigation of the said case and hence, this application for anticipatory bail is submitted.

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Heard Sri. K.V. Anil Kumar, the learned counsel appearing for the petitioners and Smt. Sreeja V., the learned Senior Public Prosecutor for the State.

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The learned counsel for the petitioner submits that the petitioners are innocent of all the allegations. According to him, it was only a scuffle between the parties and there are no materials for attracting the offence under Section 326 of the Indian Penal Code. The petitioners are ready and willing to co-operate with the investigation and shall abide by any conditions that may be imposed by this Court.

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The learned Public Prosecutor, on the other hand opposed the aforesaid application by pointing out that there are allegations against the petitioners. Consequent to the assault committed by the accused, the defacto complainant sustained a fracture on his shoulder bone. The offence under Section 326

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B.A.No.793/2023

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was incorporated in such circumstances. However, it is pointed out that the recovery of the weapon is already effected. It is further pointed out that, the 1^st accused was involved in two other cases and the 5^th accused is involved in one case. The details of the said cases were also furnished.

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I have gone through the records. It is true that there are certain allegations against the petitioners. It is an admitted fact that, the recovery of the weapon was already effected. As far as the 1^st accused is concerned, he already appeared before the investigating officer. Even though criminal antecedents of the 1^st and 5^th accused were brought to the notice of this Court, from perusal of the records, it is seen that the allegations raised in those cases are not very serious. The other accused does not have any criminal antecedents. Thus considering all the relevant aspects, I am of the view that, the interest of justice would be served, if the co-operation of the petitioners with the investigation is ensured.

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In such circumstances, this bail application is disposed of with the following directions:

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(i) The petitioners shall surrender before the Investigating Officer, within a period of two weeks from today, for

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B.A.No.793/2023

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subjecting themselves to interrogation.

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(ii) After interrogation, the petitioners shall be released on bail on the very same day of surrender upon executing a bond for `1,00,000/- (Rupees One Lakh only) each with two solvent sureties each for the like sum to the satisfaction of the Investigating Officer.

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(iii) The petitioners shall fully cooperate with the investigation, including subjecting themselves to the deemed police custody for recovery, if any, as and when demanded.

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(iv) The petitioners shall appear before the Investigating Officer between 10.00 a.m and 11.00 a.m. every Saturday until the filing of the final report.

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(v) The petitioners shall also appear before the Investigating Officer as and when required.

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(vi) The petitioners shall not commit any offence of similar nature while on bail.

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(vii) The petitioners shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

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(viii) The petitioners shall not leave India without the permission of the Jurisdictional Court.

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In case of violation of any of the above conditions, the

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jurisdictional Court shall be empowered to consider the

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B.A.No.793/2023

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application for cancellation of bail, if any, and pass appropriate orders in accordance with the law.

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Sd/ZIYAD RAHMAN A.A. JUDGE

ncd

B.A.No.793/2023

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APPENDIX OF BAIL APPL. 793/2023

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PETITIONER ANNEXURES Annexure-A1 A TRUE COPY OF THE FIR & FIS IN CRIME NO. 1848 / 2022 OF PUTHOOR POLICE STATION Annexure-A2 A TRUE COPY OF THE NOTICES DATED 22.01.2023 ISSUED BY THE S.I. OF POLICE, PUTHOOR POLICE STATION TO THE PETITIONERS Annexure-A3 A TRUE COPY OF THE FIR & FIS IN CRIME NO. 1849 / 2022 OF PUTHOOR POLICE STATION

Rahul v. R v State of Kerala

Case brief

What is this about?

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Rahul v. R v State of Kerala

Case brief

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