BAIL APPL. NOs. 5282 & 5292 OF 2022

# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE A. BADHARUDEEN ``` ``` TUESDAY, THE 21[ST] DAY OF FEBRUARY 2023 / 2ND PHALGUNA, 1944 ``` ``` BAIL APPL. NO. 5282 OF 2022 ``` ``` CRIME NO.909/2022 OF Thodupuzha Police Station, Idukki ``` ## **`PETITIONER/ACCUSED:`** ``` BILAL SAMAD AGED 28 YEARS S/O ABDUL SAMAD, OLLICKAL (H), VENGALLOOR P.O, KAITHAKODU, THODUPUZHA., PIN - 685584 BY ADVS. V.S.CHANDRASEKHARAN LEKSHMI SWAMINATHAN S.JAYAKUMAR M.V.DAS SAJNA T.UMMER SADIQALI.M M.A.JINSA MOL SHAHIM BIN AZIZ C.A.SABITHA ``` ## **`RESPONDENTS/COMPLAINANT:`** ``` 1STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2THE STATION HOUSE OFFICER THODUPUZHA POLICE STATION, THODUPUZHA, IDUKKI, PIN - 679335 BY SRI.P.G.,MANU, SR.PUBLIC PROSECUTOR ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON ``` ``` 21.02.2023 ALONG WITH B.A.NO.5292/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ## **`BAIL APPL. NOs.5282 & 5292 OF 2022 2`** ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR. JUSTICE A. BADHARUDEEN`** ``` TUESDAY, THE 21[ST] DAY OF FEBRUARY 2023 / 2ND PHALGUNA, ``` ## **`1944`** ## **`BAIL APPL. NO. 5292 OF 2022`** ``` CRIME NO.909/2022 OF THODUPUZHA POLICE STATION, IDUKKI ``` ## **`PETITIONER/ACCUSED:`** - **`1 SHAFEEK S/O KARIM, KANIPARAMBIL HOUSE, KUMARAMANGALAM VILLAGE, THODUPUZHA, PIN - 685582`** - **`2 ABI S/O BABY, MUNDAKKAL HOUSE, LAKODE VILLAGE, THODUPUZHA, PIN - 685588`** - **`3 ABDUL KARIM`** - **`S/O PAREETH, MALIYECKAL HOUSE, UDUMBANNOOR VILLAGE, THODUPUZHA, PIN - 685595`** - **`4 SHANU`** - **`S/O SHAHUL, MARAVETTICKAL HOUSE, KARIKODE VILLAGE, THODUPUZHA, PIN - 685605`** - **`5 MATHEW K. JOHN S/O JOHNY, KOORUVELIL HOUSE, UDUMBANNOOR P.O, THODUPUZHA, PIN - 685595`** - **`6 AKBAR T.L THAKIDIYEL HOUSE, KOTHAIKUNNU, THODUPUZHA, PIN - 685608`** - **`7 TONY THOMAS S/O THOMAS MATHEW, KOCHUTHEKKEL HOUSE, WEMBLY, KOKKAYAR VILLAGE, PEERMADE, PIN - 685532`** - **`8 JOJO JOSEPH S/O JOSEPH, VECHOOR HOUSE, KARIMANNOOR VILLAGE, THODUPUZHA, PIN - 685581`** - **`BY ADVS.`** - **`V.S.CHANDRASEKHARAN LEKSHMI SWAMINATHAN M.V.DAS S.JAYAKUMAR SAJNA T.UMMER SADIQALI.M`** ``` 3 ``` ## **`BAIL APPL. NOs.5282 & 5292 OF 2022`** ``` SHAHIM BIN AZIZ C.A.SABITHA M.A.JINSA MOL ``` ## **`RESPONDENTS/COMPLAINANT:`** - **`1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031`** - **`2 STATION HOUSE OFFICER THODUPUZHA POLICE STATION, THODUPUZHA, IDUKKI, PIN - 679335 BY SRI.P.G.MANU, SR.PUBLIC PROSECUTOR`** ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21.02.2023 ALONG WITH B.A.NO.5282/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` BAIL APPL. NOs.5282 & 5292 OF 2022 4 ``` ## **COMMON ORDER** Dated this the 21[st] day of February, 2023 The first accused in crime No.909/2022 of Thodupuzha police station seeks anticipatory bail in B.A.No.5282/2022, whereas accused Nos.4, 2, 5 3, 8, 7 and 10 along with one Jojo Josepsh seek the relief of anticipatory bail in B.A.No.5292/2022. 2. Heard the learned counsel for the petitioners as well as the learned Public Prosecutor. 3. I have perused the case diary materials placed by the learned Public Prosecutor. 4. The prosecution case is that at about 12.15 pm on 14.06.2022, the accused herein along with other identifiable persons, in prosecution of their common object, formed themselves into an unlawful assembly with knowledge that they are all members of the said assembly, carried out a procession under the banner UDF (United Democratic Front) ## **`BAIL APPL. NOs.5282 & 5292 OF 2022 5`** and when the procession reached in front of Kalyan Silks, Thodupuzha, the procession turned to violence, and thereby the accused herein blocked the public transport and vandalised the party flags and boards of the ruling party. The further allegation is that the first accused beat on the head of the defacto complainant, a police officer with a stick and the second accused beat on the left hand of another policeman and thereby caused injury on his little finger on the left hand. The allegation against the third accused is that he beat on the nose of the defacto complainant with a stick. According to the prosecution, accused Nos.4 to 9 abused the defacto complainant in public place and thereby caused mental agony to him. It is on this premise, the prosecution alleges commission of offences punishable under Sections 143, 144, 145, 147, 148, 332, 353, 151, 152, 294(b), 283 and 188 read with Section 149 of IPC and Sections 117(e) and 120 B of Kerala Police Act. ``` BAIL APPL. NOs.5282 & 5292 OF 2022 6 ``` 5. According to the learned counsel for the petitioners, the petitioners are innocent and when UDF carried out the procession, the police restrained them and the first petitioner herein sustained serious injuries on his left eye, which resulted in partial loss of eye sight. But no case was registered at the instance of the first accused. Similarly, some other persons, who are part of the procession, also sustained serious injuries and for which also, no case was registered. According to the learned counsel for the petitioners, the petitioners are innocent and they are ready to co-operate with the investigation and they are ready to be abide by any conditions as a pre-requisite for grant of anticipatory bail. 6. Whereas, it is submitted by the learned Public Prosecutor that accused Nos.1 to 3 are the persons, who used reapers to attack the policemen on duty and obstructed their duty. Therefore, anticipatory bail plea at their instance cannot be considered, since their arrest, custodial interrogation and recovery of weapons are absolutely necessary. ## **`BAIL APPL. NOs.5282 & 5292 OF 2022 7`** 7. While pressing for anticipatory bail, the learned counsel for the petitioner given emphasis to medical documents pertaining to the first accused, showing serious injuries on his left eye. On perusal of the medical records pertaining to the 1[st] accused at various hospitals, it could be found that he has suffered loss of eye vision and he has been on continuous treatment for the same. It is true that the first accused also alleged to have used a reaper to beat the defacto complainant and there is allegation that the second and third accused also used reapers to beat the policeman on duty. However, it is to be noted that the occurrence was the result of a procession conducted by the opposition party and therefore, attacks and some sort of resistance could normally be expected. However, I leave the allegations herein to the domain of the Investigating Officer for fair and impartial investigation. 8. Having noticed the genesis of the case as discussed hereinabove, particularly noting the fact that the first ## **`BAIL APPL. NOs.5282 & 5292 OF 2022 8`** accused sustained serious injuries on his left eye in the same occurrence, I am of the view that the petitioners can be enlarged on bail with direction to them to subject themselves for interrogation and accused Nos.1 to 3 in particular for the purpose of recovery of the weapons. Since the 8[th] petitioner in B.A.No.5292/2022 is not an accused, his bail plea stands dismissed, being infructuous. In the result, these petitions stand allowed. Petitioners in both petitions, except 8[th] petitioner in B.A.5292/2022 are released on anticipatory bail on conditions: - 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 can recover the weapons, if any, at the instance of accused Nos.1 to 3. In the event of arrest of the petitioners, the Investigating Officer shall produce the petitioners before the jurisdictional court on the date of arrest itself. ii. On such production, the jurisdictional court shall release the petitioners on bail, on executing ``` BAIL APPL. NOs.5282 & 5292 OF 2022 9 ``` bond for Rs.30,000/- (Rupees thirty thousand only) each by themselves and by two solvent sureties, each for the like sum to the satisfaction of the jurisdictional court. ## iii. ## iv. v. The petitioners shall co-operate with investigation and shall be made available for interrogation and for the purpose of investigation, as and when the Investigating Officer directs so. Further they shall appear before the Investigating Officer on all Wednesdays between 9 am and 10 am for six weeks from the date of their surrender. The petitioners shall not intimidate the witnesses or interfere with the investigation in any manner. 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. ## **Sd/-** ## **A. BADHARUDEEN** ## **JUDGE** nkr ## **`BAIL APPL. NOs.5282 & 5292 OF 2022 10`** ## **`APPENDIX OF BAIL APPL. 5282/2022`** |**`PETITIONER ANNEXURES`**|**`PETITIONER ANNEXURES`**| |---|---| |**`Annexure A1`**|**`A TRUE COPY OF THE FIR IN CRIME NO.`**| ||**`909 OF THODUPUZHA POLICE STATION,`**| ||**`IDUKKI DISTRICT.`**| |**`Annexure A2`**|**`A TRUE COPY OF THE MEDICAL RECORDS OF`**| ||**`LITTLE FLOWER HOSPITAL & RESEARCH`**| ||**`CENTRE, ANGAMALY`**| |**`Annexure A3`**|**`A TRUE COPY OF THE MEDICAL RECORDS OF`**| ||**`ARAVIND EYE HOSPITAL, MADURAI`**| |**`Annexure A4 series A TRUE COPY OF THE SERIES OF NEWSPAPER`**|| ||**`REPORTS SHOWING THE INCIDENTS`**| |**`Annexure5`**|**`A TRUE COPY OF THE COMPLAINT FILED BY`**| ||**`THE PETITIONER BEFORE THE DGP`**| |**`Annexure A6`**|**`A TRUE COPY OF THE ORDER OF THE`**| ||**`HON'BLE SESSIONS COURT THODUPUZHA IN`**| ||**`CRL. MC 549/2022`**| ## **`BAIL APPL. NOs.5282 & 5292 OF 2022 11`** ## **`APPENDIX OF BAIL APPL. 5292/2022`** |**`PETITIONER ANNEXURES`**|**`PETITIONER ANNEXURES`**| |---|---| |**`Annexure A1`**|**`A TRUE COPY OF THE FIR IN CRIME NO. 909`**| ||**`OF THODUPUZHA POLICE STATION, IDUKKI`**| ||**`DISTRICT`**| |**`Annexure A2`**|**`A TRUE COPY OF THE MEDICAL RECORDS OF`**| ||**`LITTLE FLOWER HOSPITAL & RESEARCH`**| ||**`CENTRE, ANGAMALY`**| |**`Annexure A3`**|**`A TRUE COPY OF THE MEDICAL RECORDS OF`**| ||**`ARAVIND EYE HOSPITAL, MADURAI`**| |**`Annexure A4`**|**`A TRUE COPY OF THE SERIES OF NEWSPAPER`**| ||**`REPORTS SHOWING THE INCIDENTS`**| |**`Annexure A5`**|**`A TRUE COPY OF THE ORDER OF THE HON'BLE`**| ||**`SESSIONS COURT THODUPUZHA IN CRL. MC`**| ||**`NO. 549/2022 AND CRL. MC NO. 550/2022`**|