BAIL APPL. NO. 650 OF 2023

# `IN THE HIGH COURT OF KERALA AT ERNAKULAM` ## `PRESENT` ``` THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. TUESDAY, THE 31[ST] DAY OF JANUARY 2023 / 11TH MAGHA, 1944 ``` ``` BAIL APPL. NO. 650 OF 2023 ``` ``` CRIME NO.530/2022 OF VYTHIRI POLICE STATION,WAYANAD DISTRICT ``` ## `PETITIONERS/ACCUSED 1 TO 3 & 7:` ``` 1RAJESH M.J AGED 39 YEARS MUTTAPPALLIYIL HOUSE, ACHOORANAM POST, ACHOORANAM VILLAGE, VYTHIRI TALUK, WAYANAD DISTRICT, PIN – 673575 2OUSEPH @ JOSEPH AUGUSTHY AGED 66 YEARS, S/O. JOSEPH, MUTTAPPALLIYIL HOUSE, ACHOORANAM POST, ACHOORANAM VILLAGE, VYTHIRI TALUK, WAYANAD DISTRICT, PIN – 673575 3ABHILASH M.J. AGED 37 YEARS S/O. JOSEPH, MUTTAPPALLIYIL HOUSE, ACHOORANAM POST, ACHOORANAM VILLAGE, VYTHIRI TALUK, WAYANAD DISTRICT., PIN – 673575 4ROSILY JOSEPH AGED 63 YEARS D/O. JOSEPH, MUTTAPPALLIYIL HOUSE, ACHOORANAM POST, ACHOORANAM VILLAGE, VYTHIRI TALUK, WAYANAD DISTRICT., PIN – 673575 BY ADVS. C.P.PEETHAMBARAN KARTHIKA PEETHAMBARAN ``` ## `RESPONDENT/COMPLAINANT:` ``` STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682031 ``` ``` BAIL APPL. NO. 650 OF 2023 ``` ``` 2 ``` ``` BY ADV PUBLIC PROSECUTOR ADV C S HRITHWIK - SR PP ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` BAIL APPL. NO. 650 OF 2023 ``` ``` 3 ``` ## `ORDER` The petitioners are the accused Nos.1 to 3 and 7 in Crime No.530/2022 of Vythiri Police Station, which was registered for the offences punishable under Sections 143, 147, 148, 452, 323, 324, 294(b), 506(ii) read with Section 149 of Indian Penal Code. Later, offence under Section 354 of the IPC was also added. 2. The prosecution case is that on 29.12.2022 between 17.45 hours and 18.00 hours, the accused Nos.1 to 7, on account of previous enmity, formed into an unlawful assembly armed with dangerous weapons, trespassed into the house of the defacto complainant, dragged the defacto complainant and his son to the courtyard of the house and had beaten them with iron rods, sticks, stones etc. It is also alleged that when the daughter of the defacto complainant tried to intervene, she was also assaulted and abused. 1[st] petitioner/1[st] accused is the son-in-law of the defacto complainant, and the 2[nd] petitioner is the father of the 1[st] accused, the 3[rd] accused is the brother of the 1[st] accused, and the other accused persons are the relatives of 1[st] accused. This application for anticipatory bail is filed in such circumstances. ``` BAIL APPL. NO. 650 OF 2023 ``` ``` 4 ``` 3. Sri.C.P.Peethambaran, the learned counsel appearing for the petitioners, contends that the petitioners are innocent of all the allegations and that a false complaint has been submitted against them. The learned counsel for the petitioners raises this contention by placing reliance upon Annexure 2 First Information Report registered in Crime No.531/2022 of Vythiri Police Station for the offences punishable under Section 323, 324, 354 read with Section 34 of Indian Penal Code. In the aforementioned crime, the accused Nos.1, 3 and 7, who are the petitioners 1, 3 and 4 in this application, are the victims and the crime was registered against the defacto complainant. It is pointed out that the said incident had occurred at 11.00 hours on 29.12.2022, and in the said incident, they sustained injuries and were undergoing treatment in the hospital. The specific case of the learned counsel for the petitioners is that this crime was registered as a counterblast to the earlier crime with false allegations. 4. On the other hand, the learned Public Prosecutor would seriously oppose the prayers and contentions of the petitioners. 5. I have gone through the records and heard the contentions raised from both sides. It is discernible from the records that, even though the parties are related to each other, there are several disputes between them. As pointed out by the learned counsel for the petitioners, there is already a ``` BAIL APPL. NO. 650 OF 2023 ``` ``` 5 ``` crime registered against the defacto complainant, which occurred at 11. a.m. on 29.12.2022, whereas the incident, which is the subject matter of this crime, allegedly occurred at 17.45 hours on the same day. 6. Considering the facts and circumstances of the case, I am of the view that interest of justice would be served if the cooperation of the accused persons with the investigation is ensured. For the said purpose, the petitioners are to be directed to be surrendered before the investigation officer within a time frame. In such circumstances, this bail application is disposed of directing the petitioners to appear before the investigation officer within a period of two weeks. In the result, the application is allowed on the following conditions:- - i The petitioners shall surrender before the Investigating officer, within two weeks from today, for subjecting themselves to interrogation. - ii After interrogation, the petitioners shall be released on bail on the very same day of surrender upon the petitioners executing a bond for Rs 1,00,000/- each with two sureties each for the like sum, to the satisfaction of the investigating officer. ``` BAIL APPL. NO. 650 OF 2023 ``` ``` 6 ``` - iii The petitioners shall fully cooperate with the investigation, - including subjecting themselves to the deemed police custody for the purpose of recovery, if any, as and when - demanded. - iv The petitioners shall appear before the investigating officer - between 10.00 a.m and 11.00 a.m every Friday, until the filing of the final report - v The petitioners shall also appear before the investigating officer as and when required. - vi The petitioners shall not commit any offence of like nature while on bail. - vii The petitioners shall not leave State of Kerala without the permission of the trial Court. - viii 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. In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation of ``` BAIL APPL. NO. 650 OF 2023 ``` ``` 7 ``` bail, if any, and pass appropriate orders in accordance with the law. Sd/- ``` ZIYAD RAHMAN A.A. JUDGE ``` scs ``` BAIL APPL. NO. 650 OF 2023 ``` ``` 8 ``` ## `APPENDIX OF BAIL APPL. 650/2023` ``` PETITIONER ANNEXURES Annexure-1TRUE COPY OF THE FIR IN CRIME NO. 530/2022 OF VYTHIRI POLICE STATION, WAYANAD DISTRICT DATED 30.12.2022. Annexure-2TRUE COPY OF THE FIR IN CRIME NO. 531/2022 OF VYTHIRI POLICE STATION, WAYANAD DISTRICT DATED 31.12.2022. Annexure-3CERTIFIED COPY OF THE ORDER IN CRL. M.C. NO. 5/2023, SESSIONS COURT, KALPETTA DATED 16.01.2023. ```