Bail applications in Crime No. 170/2023, Athirappilly Police Station, Thrissur (Consolidated)

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: The Honourable Mr. Justice Mohammed Nias C.P.
Judgment Date: 2023-10-31
Court Decision / Holding: Anticipatory bail is granted to all petitioners across the connected BA Nos. with conditions: surrender before the Investigating Officer within one week, on surrender be produced before the jurisdictional court, be released on bail on a bond of Rs. 25,000 with two solvent sureties, cooperate with the investigation, not intimidate witnesses or commit any offense while on bail, and if violated, bail may be cancelled under law.
Final Disposition: Bail applications allowed

Parties to the Case

Appellants / Petitioners

Ajitha
Anila K S
Sindu
Manoj
Anil P S
Amal K S
Ravi
Kishore
Suku
Prasad
Ajesh
Shaji

Respondents

State of Kerala represented by Public Prosecutor, High Court of Kerala

Legal Representation & Advocates

Counsels for Petitioners

• Raphael Thekkan
• Christine Mathew
• N. L. Bitto
• Gayathri Muraleedharan
• Vishnuprasad P.S.
• Arathy P.

Counsels for Respondents

• Sri P.G. Manu (Mammalassery), Senior Public Prosecutor

Case Synopsis & Summary

These are consolidated bail applications arising from Crime No. 170/2023 of the Athirappilly Police Station, Thrissur, invoking multiple petitioners (accused) seeking pre-arrest bail under the Indian Penal Code provisions and related statutes. The petitions—BA Nos. 6935/2023 (Sindu and Manoj), 6964/2023 (Anil P S and Amal K S), 7088/2023 (Ajitha and Anila K S), 7134/2023 (Ravi, Kishore, Suku and Manoj), 7142/2023 (Prasad), and 7092/2023 (Ajesh and Shaji)—are all linked to alleged offences including unlawful assembly and obstruction of police duty (Sections 143, 145, 147, 294(b), 341, 342, 332, 353 and 506 read with Section 149 IPC). The incidents relate to a disturbance near Kannankuzhi waiting shed on 7/8/2023 during an attempt to apprehend individuals allegedly sellingIMFL, where a civilian in civil dress caused confusion and locals resisted the arrest. The learned Judge notes the absence of direct recoveries against the main accused in several cases, a prior incident involving a different accused, and the presence of fear and potential harassment by police action. After considering rival submissions, the Court grants anticipatory bail to all petitioners, subject to conditions: surrender before the IO within a week, production before the jurisdictional court on arrest, bond of Rs.25,000 with two sureties, cooperation with investigation, no witness intimidation, and compliance; breach may lead to cancellation. The orders consolidate across all connected bail applications.

Provisions of Law Cited

Section 143 IPCSection 145 IPCSection 147 IPCSection 294(b) IPCSection 341 IPCSection 342 IPCSection 332 IPCSection 353 IPCSection 506 r/w Section 149 IPC

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners submit that the arresting police officer initially came in civil dress in a private vehicle, causing mistaken identity and panic, leading to local resistance. They emphasize lack of recoveries against the main accused in several petitions and point to a prior arrest of another person for a different incident, arguing that the fear of a repeat mistaken action between police and locals would cause harassment. They seek anticipatory bail in the larger interest of personal liberty and to ensure a fair investigation without coercion.

Contentions of Respondents

The State maintains that the police action involved an attempt to arrest in a sensitive matter and that obstruction to police duty occurred, warranting preventive relief to maintain public order and confidence in law enforcement. It highlights the sequence of events, the need to preserve public order, and contends that bail should not be granted to undermine the investigation.

Extracted Judgment Text

Exact text extracted from official judgment records.

# **IN THE HIGH COURT OF KERALA AT ERNAKULAM** # **PRESENT** **THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.** **TUESDAY, THE 31[ST] DAY OF OCTOBER 2023 / 9TH KARTHIKA, 1945 BAIL APPL. NO. 7088 OF 2023** **CRIME NO.170/2023 OF ATHIRAPPILLY POLICE STATION, Thrissur** ## **PETITIONER/ACCUSED:** 1 AJITHA, AGED 50 YEARS W/O SIVADASAN,KOCHAPPILLY, KANNANKUZHI, VETTILAPPARA, PARIYARAM P.O, THRISSUR -680721 2 ANILA K S, AGED 26 YEARS D/O SIVADASAN K.K,KOCHAPPILLY HOUSE, VETTILAPPARA, KANNANKUZHI PARIYARAM, THRISSUR, PIN - 680721 BY ADVS. RAPHAEL THEKKAN CHRISTINE MATHEW ## **RESPONDENT/COMPLAINANT & STATE :** STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA-682031 SMT.T.V.NEEMA, SR.PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26.10.2023, ALONG WITH Bail Appl..6935/2023, 6964/2023 AND CONNECTED CASES, THE COURT ON 31.10.2023 DELIVERED THE FOLLOWING: B.A.No. 6935 of 2023 and connected cases 2 # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** # **PRESENT** **THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.** **TUESDAY, THE 31[ST] DAY OF OCTOBER 2023 / 9TH KARTHIKA, 1945 BAIL APPL. NO. 6935 OF 2023** **CRIME NO.170/2023 OF ATHIRAPPILLY POLICE STATION, Thrissur PETITIONER/ACCUSED:** 1 SINDU, AGED 42 YEARS W/O.MANOJ, PARANGIMAVIN THOTTATHIL HOUSE, KANNANKUZHI DESOM, ATHIRAPPILLY VILLAGE, CHALAKUDY TALUK, THRISSUR DISTRICT, PIN - 680721 2 MANOJ @ MANOHARAN, AGED 48 YEARS S/O.KUTTIMATHAYI, PARANGIMAVIN THOTTATHIL HOUSE, KANNANKUZHI DESOM, ATHIRAPPILLY VILLAGE, CHALAKUDY TALUK, THRISSUR DISTRICT, PIN - 680721 BY ADV N.L.BITTO ## **RESPONDENT/COMPLAINANT & STATE:** STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682031 SMT.T.V.NEEMA, SR.PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26.10.2023, ALONG WITH Bail Appl..7088/2023 AND CONNECTED CASES, THE COURT ON 31.10.2023 DELIVERED THE FOLLOWING: B.A.No. 6935 of 2023 and connected cases 3 # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** # **PRESENT** **THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.** **TUESDAY, THE 31[ST] DAY OF OCTOBER 2023 / 9TH KARTHIKA, 1945 BAIL APPL. NO. 6964 OF 2023** **CRIME NO.170/2023 OF ATHIRAPPILLY POLICE STATION, Thrissur PETITIONER/ACCUSED:** 1 ANIL P S, AGED 31 YEARS PUTHETTU, KUNNATHUKAVALA, SASIMALA P.O, WAYANADU-673579 2 AMAL K S, AGED 22 YEARS S/O SIVADASAN K.K, KOCHAPPILLY HOUSE, VETTILAPPARA, KANNANKUZHI PARIYARAM, THRISSUR-680721 BY ADVS. RAPHAEL THEKKAN CHRISTINE MATHEW ## **RESPONDENT/COMPLAINANT & STATE:** STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA-682031 SRI.P.G.MANU (MAMMALASSERY) SR.PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26.10.2023, ALONG WITH Bail Appl..7088/2023 AND CONNECTED CASES, THE COURT ON 31.10.2023 DELIVERED THE FOLLOWING: B.A.No. 6935 of 2023 and connected cases 4 # **IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT** **THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. TUESDAY, THE 31[ST] DAY OF OCTOBER 2023 / 9TH KARTHIKA, 1945 BAIL APPL. NO. 7092 OF 2023** **CRIME NO.170/2023 OF ATHIRAPPILLY POLICE STATION, Thrissur PETITIONER/ACCUSED NO.3:** 1 AJESH, AGED 42 YEARS S/O VELAYUDHAN,R/O PEEDAKERI, KANNANKUZHI DESOM, ATHIRAPPILLY VILLAGE, CHALAKUDY TALUK, THRISSUR DISTRICT-680721 2 SHAJI, AGED 57 YEARS S/O KOCHAPPU, R/O PEEDAKERI, KANNANKUZHI DESOM, ATHIRAPPILLY VILLAGE, CHALAKUDY TALUK, THRISSUR DISTRICT-680721 BY ADVS. GAYATHRI MURALEEDHARAN VISHNUPRASAD P.S. ARATHY P. ## **RESPONDENT/COMPLAINANT & STATE:** STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA-682031 SRI.P.G.MANU(MAMMALASSERY) SR.PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26.10.2023, ALONG WITH Bail Appl..7088/2023 AND CONNECTED CASES, THE COURT ON 31.10.2023 DELIVERED THE FOLLOWING: B.A.No. 6935 of 2023 and connected cases 5 # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** # **PRESENT** **THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.** **TUESDAY, THE 31[ST] DAY OF OCTOBER 2023 / 9TH KARTHIKA, 1945 BAIL APPL. NO. 7134 OF 2023** **CRIME NO.170/2023 OF ATHIRAPPILLY POLICE STATION, Thrissur** ## **PETITIONER/ACCUSED:** 1 RAVI, AGED 62 YEARS S/O.CHATHU, KARYAKKAL HOUSE, KANNANKUZHI DESOM, ATHIRAPPILLY VILLAGE, CHALAKUDY TALUK, THRISSUR DISTRICT-680721 2 KISHORE, AGED 42 YEARS S/O.KRISHNAN, AMBAZHAKADAN HOUSE, KANNANKUZHI DESOM, ATHIRAPPILLY VILLAGE, CHALAKUDY TALUK, THRISSUR DISTRICT, PIN - 680721 3 SUKU, AGED 54 YEARS S/O.KUNJUVALLONE, KANNANKUZHI DESOM, ATHIRAPPILLY VILLAGE, CHALAKUDY TALUK, THRISSUR DISTRICT, PIN - 680721 4 MANOJ, AGED 48 YEARS S/O.SUBRAMANYAN, MADATHIPARAMBIL HOUSE, KANNANKUZHI DESOM, ATHIRAPPILLY VILLAGE, CHALAKUDY TALUK, THRISSUR DISTRICT, PIN - 680721 BY ADV N.L.BITTO ## **RESPONDENT/COMPLAINANT & STATE:** STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA-682031 BY SRI.P.G.MANU(MAMMALASSERY) SR.PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26.10.2023, ALONG WITH Bail Appl..7088/2023 AND CONNECTED CASES, THE COURT ON 31.10.2023 DELIVERED THE FOLLOWING: B.A.No. 6935 of 2023 and connected cases 6 # **IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT** **THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. TUESDAY, THE 31[ST] DAY OF OCTOBER 2023 / 9TH KARTHIKA, 1945 BAIL APPL. NO. 7142 OF 2023** **CRIME NO.170/2023 OF ATHIRAPPILLY POLICE STATION, Thrissur PETITIONER/ACCUSED:** PRASAD, AGED 50 YEARS S/O MANI, THEKANODI HOUSE KANNANAKUZHY DESAM, ATHIRAPALLI VILLAGE THRISSUR DISTRICT-680721 BY ADVS. P.K.VARGHESE M.T.SAMEER JERRY MATHEW REGHU SREEDHARAN ## **RESPONDENT/COMPLAINANT & STATE:** STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA-682031 SRI.P.G.MANU(MAMMALASSERY) SR.PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20.10.2023, ALONG WITH Bail Appl..7088/2023 AND CONNECTED CASES, THE COURT ON 31.10.2023 DELIVERED THE FOLLOWING: B.A.No. 6935 of 2023 and connected cases 7 ## **MOHAMMED NIAS C.P., J.** **- - - - - - - - - - - - - - - - - - - - -** B.A.Nos. 6935, 7134, 7142, 7092, 6964 & 7088 of 2023 **- - - - - - - - - - - - - - - - - - - - - - - - - - -** Dated this the 31[st] day of October, 2023 ## **O R D E R** Apprehending arrest in Crime No.170 of 2023 of Athirappally Police Station, Thrissur District, registered for offences punishable under Sections 143, 145, 147, 294(b), 341, 342, 332, 353 and 506 r/w Section 149 of the IPC, A2, A4, A5 and A6 in BA No.7134/2023, A3 and A8 in BA No.7092/2023, A7 in BA No.7142/2023, A9 and A10 in BA No.6964/2023, A11 and A12 in BA No.6935/2023, A13 and A14 in BA No.7088/2023 have filed this petition seeking pre-arrest bail. 2. The prosecution allegation is that on 07/08/2023 at about 8.00 p.m., the police officers on intimation that the first accused was selling foreign-made liquor near the Kannankuzhi waiting shed arrived there for inspection and they were detained and was obstructed in the discharge of their duties by the first accused and B.A.No. 6935 of 2023 and connected cases 8 other 25 identifiable persons. 3 Learned counsel for the petitioners submitted that the police initially had come in civil dress in a vehicle with a Maharashtra registration to apparently apprehend a person who was allegedly and unauthorisedly selling IMFL at Athirappally. He mistakenly thought it was A1 and tried to arrest him by dragging him. He shouted and accordingly, the other people of the locality objected to him being taken without knowing that the person in civil dress was a police officer. It is also pointed out that A9 and A10 are the son and son-in-law of A1, while A13 and A14 are the wife and daughter of A1. A8 is a forest guard also hailing from the same area and others are the locals, who came to the scene of the occurrence. They submitted that there was no force used against the police for inviting section 353 IPC and thus prayed for granting them anticipatory bail. 4. Learned Public Prosecutor opposing the bail application submits that initially, the police officer had to come in civil dress as otherwise, it was difficult to apprehend the person about whom information was received of selling IMFL unauthorizedly. After the B.A.No. 6935 of 2023 and connected cases 9 commotion started in trying to arrest A1, the police party came and even after knowing that they were police, they were obstructed in the discharge of their duty and thus the offence was committed. 5. Having considered the rival submissions few facts deserve to be noted. On facts, it is clear that A1 was mistakenly taken into custody as no recovery was made from him and it was only on seeing the said person being taken that the locals intervened. The fact that they could not identify the police as he was wearing a civil dress and that too in a private vehicle with Maharashtra registration. 6. Learned counsel for the petitioner in B.A.6935/23 submits that the same officer had earlier arrested the second accused alleging commission of an offence under S.307 I.P.C case and was detained for several days before releasing him after realising that the initial arrest was on a mistaken identity. Annexures 3 and 4 would prove the above contentions. Under such circumstances, the contention of the petitioner was that it was natural for the locals to fear that the same police officer was repeating his earlier act of arresting an innocent person, they tried to obstruct. They only tried to prevent the police jeep from taking A1 from whom no recovery was made. B.A.No. 6935 of 2023 and connected cases 10 7. Both sides had produced the photographs and the perusal of the same would show that the locals questioned the police under the circumstances narrated above. True, as the Prosecutor says the petitioners could not have tried to prevent the police party when they came in the police jeep and discharging their duty, but on an overall consideration of the facts would reveal that the objection was on account of the previous bad experience as revealed from Annexures 3 and 4 produced in BA No.6935/2023 and their response cannot said to be completely misplaced. In all these cases, there was an order staying the arrest pending consideration of the bail applications. For these reasons, I am inclined to grant anticipatory bail to the petitioners. i. The petitioners are directed to surrender before the Investigating Officer within a week from today, and on such surrender, the Investigating Officer can interrogate the petitioner. In the event of his arrest, the Investigating officer shall produce the petitioners before the jurisdictional court on the date of surrender itself. ii. On such production, the jurisdictional court shall release the petitioners on bail, on executing a separate bond for Rs.25,000/- (Rupees twenty-five thousand only) each by the B.A.No. 6935 of 2023 and connected cases 11 petitioners and by two solvent sureties each for the like sum to the satisfaction of the jurisdictional court. (iii) The petitioners shall cooperate with the investigation and make themselves available for interrogation and investigation as and when the Investigating Officer directs them to do so. (iv) The petitioners shall not intimidate the witnesses or interfere with the Investigation in any manner. v. The petitioners shall not be involved in any offence while on bail. vi. If any of the above conditions are violated, the court concerned will be empowered to take steps for cancellation of bail as per law. The bail applications are allowed as above. Sd/- ## **MOHAMMED NIAS C.P.** ## **JUDGE** dlk/28.10.23 B.A.No. 6935 of 2023 and connected cases 12 ## **APPENDIX OF BAIL APPL. 6935/2023** ## PETITIONERS ANNEXURES |Annexure|1|A TRUE COPY OF THE FIR IN CRIME NO. 170| |---|---|---| |||OF 2023 OF THE ATHIRAPPILLY POLICE| |||STATION DATED 8/8/2023| |Annexure|2|A TRUE COPY OF THE REMAND REPORT IN| |||CRIME NO. 170 OF 2023 OF THE| |||ATHIRAPPILLY POLICE STATION DATED| |||8/8/2023| |Annexure|3|A TRUE COPY OF THE REPORT FILED BY THE| |||DYSP CHALAKUDY IN CRIME NO.99 OF 2022| |||OF THE ATHIRAPPILLY POLICE STATION| |||DATED 16/1/2023| |Annexure|4|A TRUE COPY OF THE REPORT FILED BY THE| |||DYSP CHALAKUDY IN CRIME NO.99 OF 2022| |||OF THE ATHIRAPPILLY POLICE STATION| |||DATED 3/2/2023| B.A.No. 6935 of 2023 and connected cases 13 ## **APPENDIX OF BAIL APPL. 6964/2023** PETITIONERS ANNEXURES Annexure 1 TRUE COPY OF THE FIR NO. 170 OF 2023 OF ATHIRAPPALLI POLICE STATION, THRISSUR DISTRICT DATED 08/08/23 B.A.No. 6935 of 2023 and connected cases 14 ## **APPENDIX OF BAIL APPL. 7092/2023** PETITIONERS ANNEXURES Annexure A1 THE TRUE COPY OF THE FIR IN CRIME NO: 170 OF 2023 OF ATHIRAPPILLY POLICE STATION DATED 08.08.2023 Annexure A2 THE TRUE COPY OF THE PHOTOGRAPH OF THE NUMBER PLATE OF THE VEHICLE DATED NIL Annexure A3 THE TRUE COPY OF THE PHOTOGRAPH OF THE INSPECTOR OF POLICE, ATHIRAPPILLY CAPTURED FROM THE ALLEGED SCENE OF OCCURRENCE DATED NIL B.A.No. 6935 of 2023 and connected cases 15 ## **APPENDIX OF BAIL APPL. 7134/2023** PETITIONERS ANNEXURES Annexure 1 A TRUE COPY OF THE FIR IN CRIME NO. 170 OF 2023 OF THE ATHIRAPPILLY POLICE STATION DATED 7/8/2023 Annexure 2 A TRUE COPY OF THE REMAND REPORT IN CRIME NO. 170 OF 2023 OF THE ATHIRAPPILLY POLICE STATION DATED 7/8/2023 Annexure 3 A TRUE COPY OF THE ORDER IN BA.6935 OF 2023 OF THE HONORABLE HIGH COURT OF KERALA DATED 11/8/2023 B.A.No. 6935 of 2023 and connected cases 16 ## **APPENDIX OF BAIL APPL. 7142/2023** PETITIONER'S ANNEXURES Annexure-1 A TRUE COPY OF THE FIR DATED 08.08.2023 IN CRIME NO. 170/2023 OF ATHIRAPALLY POLICE STATION B.A.No. 6935 of 2023 and connected cases 17 ## **APPENDIX OF BAIL APPL. 7088/2023** PETITIONERS ANNEXURES Annexure 1 TRUE COPY OF THE FIR NO. 170 OF 2023 OF ATHIRAPPALLI POLICE STATION, THRISSUR DISTRICT DATED 08/08/23 Annexure A2 TRUE COPY OF THE COMPLAINT GIVEN BY THE 1ST PETITIONER TO THE KERALA STATE SC/ST COMMISSION DATED 10.08.2023 AND THE THEIR REPLY Annexure A3 PHOTOGRAPHS OF THE POLICE FROM THE CRIME OCCURRENCE PLACE AT THE TIME OF THE INCIDENT