Allowed

Soman a v. State of Kerala

Kerala HC23 Mar 2023Bail Appl./929/2023

Case brief

AI extract

What is this about?

Application for pre-arrest bail under Section 438 CrPC allowed. Court imposed conditions including surrender within ten days, executing bond of Rs. 30,000 each along with two sureties, cooperation with investigation, and prohibition from interfering with witnesses or committing further offences.

What did the court decide?

Petitioners were enlarged on bail subject to conditions of surrender within ten days, execution of bond of Rs. 30,000 each with two sureties, cooperation with investigation, and no interference with w

Soman a Vs State of Kerala — Bail and Remand | Kerala HC (2023)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE A. BADHARUDEEN

¶4

THURSDAY, THE 23RD DAY OF MARCH 2023 / 2ND CHAITHRA, 1945

¶5

BAIL APPL. NO. 929 OF 2023

¶6

CRIME NO.32 OF 2023 OF NEYYARDAM POLICE STATION

¶7

PETITIONER/ACCUSED NOS. 3 AND 5:

¶8

1 SOMAN A AGED 54 YEARS

¶9

S/O APPICHERUKKAN, PARAKONATHUVEEDU,
KOTTOOR P.O, MANNOORKARA, KUTTICHAL,
THIRUVANANTHAPURAM DISTRICT, PIN - 695574

¶10

2VINOD R V
AGED 31 YEARS

¶11

S/O VASANTHA T, PARAKONATHU VEEDU,
KOTTOOR P.O, KUTTICHAL, MANNOORKARA,
THIRUVANANTHAPURAM DISTRICT, PIN - 695574
BY ADV M.R.SASITH

¶12

RESPONDENT/STATE:

¶13

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

¶14

OTHER PRESENT:

¶15

T V NEEMA SR.PP

¶16

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
23.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶17

BAIL APPL. NO. 929 OF 2023

¶18

¶19

ORDER

¶20

Dated this the 23^rd day of March, 2023

¶21

This is an application for pre-arrest bail filed under Section 438 of the Code of Criminal Procedure, by the petitioners who are accused Nos. 3 and 5 in Crime No.32 of 2023 of Neyyardam Police Station, Thiruvananthapuram.

¶22

Heard the learned counsel for the petitioners and the learned Public Prosecutor.

¶23

I have perused the case diary along with the report produced by the learned Public Prosecutor.

¶24

The prosecution case emanates on the premise that, at about 9.30 p.m. on 15.01.2023, the accused herein formed into unlawful assembly armed with deadly weapons with knowledge that they are all members of the said assembly, with common object to commit murder of the defacto complainant, then they wrongfully restrained the defacto complainant and assaulted him. On this premise, the prosecution alleges commission of offences

¶25

¶26

BAIL APPL. NO. 929 OF 2023

¶27

punishable under Sections 143, 147, 148, 294(b), 341, 323, 324, 326 and 307 r/w 149 of the Indian Penal Code.

¶28

According to the learned counsel for the petitioners, the petitioners are innocent and the allegations against them are false. It is submitted that the defacto complainant under intoxication of alcohol, tried to sexually assault the wife of the first accused and the petitioners intervened to save the wife and there occurred a scuffle. On the complaint of the wife of the defacto complainant, a counter case was registered alleging commission of offences under Sections 294(b), 451, 506(i), 323, 354(B) and 354 of IPC as well as under Section 3(i)(r) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act.

¶29

It is submitted further that as per the prosecution allegations, reapers were used by accused Nos. 1 and 2. Since the complicity of the petitioners in this crime is much less, where counter case also has been registered, the petitioners who have no criminal antecedents may be released on anticipatory bail by

¶30

BAIL APPL. NO. 929 OF 2023

¶31

¶32

imposing conditions and they are ready to co-operate with the investigation.

¶33

The learned Public Prosecutor submitted that going by the FIS, specific allegation against the petitioners also is there, as to use of reapers to attack the defacto complainant. Therefore, arrest, custodial interrogation and recovery of the reapers used by the petitioners are absolutely necessary to effectuate meaningful investigation and successful prosecution.

¶34

On perusal of the FIS, the submission made by the learned Public Prosecutor appears to have force. However, in the copy of wound certificate pertaining to the defacto complainant, injuries noted are trivial in nature i.e. swelling on left periocular area lacerated wound on left periocular area and it was observed further that patient was under the influence of alcohol. In this matter counter, case also was registered alleging serious offences inclusive one under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. Having noticed the above facts, the petitioners are

¶35

¶36

BAIL APPL. NO. 929 OF 2023

¶37

directed to subject themselves for interrogation and facilitate the recovery of reapers allegedly to be used by them. Then by imposing conditions, the petitioners can be enlarged on anticipatory bail.

¶38

Therefore, this petition stands allowed. The petitioners are enlarged on bail on conditions:

¶39

i. The petitioners shall surrender before the Investigating Officer within ten days from today and on such surrender, the Investigating Officer can question the petitioners and record their statement, if necessary and recover weapons at their instance. In the event of their arrest, the Investigating Officer shall produce the petitioner before the Jurisdictional Court on the date of arrest itself.

¶40

ii. On such production, Jurisdictional Court shall release the petitioners on bail, on executing bond for Rs.30,000/- (Rupees Thirty thousand) each, by themselves and by two sureties, each for the like sum to the satisfaction of the Jurisdictional Court.

¶41

iii. The petitioners shall co-operate with

¶42

¶43

BAIL APPL. NO. 929 OF 2023

¶44

investigation and shall be made available for

¶45

interrogation and for the purpose of investigation, as and when the Investigating Officer directs so.

¶46

iv. The petitioners, shall not, intimidate the witnesses or interfere with the investigation in any manner.

¶47

v. The petitioners shall not commit any offence during currency of this bail and any such involvement is a reason to cancel the bail hereby granted.

¶48

Sd/-

¶49

A. BADHARUDEEN JUDGE

¶50

¶51

BAIL APPL. NO. 929 OF 2023

¶52

¶53

APPENDIX OF BAIL APPL. 929/2023

¶54

PETITIONER ANNEXURES :

¶55

Annexure A1THE TRUE COPY OF THE FIR REGISTERED ON
17/1/2023 IN CRIME NO: 32/2023 OF
NEYYARDAM POLICE STATION
THIRUVANANTHAPURAM

¶56

Annexure A2TRUE COPY OF THE FIR REGISTERED ON
18/1/2023 IN CRIME NO: 34/2023 OF
NEYYARDAM POLICE STATION
THIRUVANANTHAPURAM

¶57

// True Copy // PA To Judge

Soman a v. State of Kerala

Case brief

What is this about?

What did the court decide?

Soman a v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Ajith Vs State of Kerala

Althaf Vs State of Kerala

Prabhakara Kalluraya Vs State of Kerala

Ummer Vs State of Kerala

Anu Vs State of Kerala

Mohamed Sajil Vs State of Kerala