Bail Applications Nos. 2179 of 2023 and 2085 of 2023 in Crime No. 73/2023, Petta Police Station, Thiruvananthapuram (Manikutttan @ Vishnu A.P. and Adithya Suresh v. State of Kerala)

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: A. Badhrudeen
Judgment Date: 2023-03-29
Court Decision / Holding: The petitions are allowed. The petitioners are enlarged on bail with conditions: surrender before the investigating officer within ten days for interrogation and weapon recovery (if any); upon arrest, produced before the jurisdictional court; bond of Rs. 30,000 with two solvent sureties each; petitioners to cooperate with investigation and be available for interrogation as directed (including on Wednesdays for four weeks); shall not intimidate witnesses or commit offences during bail.
Final Disposition: Bail granted to both petitioners

Parties to the Case

Appellants / Petitioners

Manikutttan @ Vishnu A.P.
Adithya Suresh

Respondents

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

Legal Representation & Advocates

Counsels for Petitioners

• M.J. Santhosh Arun Antony

Counsels for Respondents

• Smt. T.V. Neema, Sr. Public Prosecutor
• Sri. P.G. Manu, Sr. Public Prosecutor

Case Synopsis & Summary

This is a common order by the Kerala High Court (Single Judge) disposing of two connected bail applications arising from Crime No. 73/2023 registered at Petta Police Station, Thiruvananthapuram, against the petitioners Manikutttan @ Vishnu A.P. (pre-arrest bail) and Adithya Suresh (anticipatory bail). On 29 January 2023, the defacto complainant, who had slept at Thampanoor railway station, allegedly faced abuse, wrongful restraint, and a confrontation resulting in injuries. The offence petitioned includes sections 294(b), 323, 324, 341, and 308 read with 34 IPC, as reflected in the First Information Statement and wound certificate. The petitioners’ counsel contend the allegations are false: the complainant is claimed to be involved in narcotics sales and the purported 308 charge is unsustainable; one accused contends the 6th accused was not named in the FIS and had no weapon. The State Public Prosecutor relies on the FIS and the wound certificate to justify arrest and custodial interrogation, including weapon recovery. After perusal of the case diary, the court found that the circumstances justify enlarging the petitioners on bail with conditions. The order directs surrender within ten days, bond Rs. 30,000 with two sureties, cooperation with investigation and interrogation, appearance on Wednesdays for four weeks, and prohibits witness intimidation or any new offences. It also authorizes weapon recovery at the instance of the first accused, if any.

Provisions of Law Cited

Section 294(b) IPCSection 323 IPCSection 324 IPCSection 341 IPCSection 308 read with Section 34 IPC

Submissions & Arguments

Contentions of Appellants / Petitioners

The first accused contends the allegations are false; the complainant is alleged to be involved in narcotics trade and the incident occurred during a confrontation when questioned about drugs. He argues that the charge under Section 308 IPC is not sustainable and seeks anticipatory/pre-arrest bail with standard conditions. The 7th accused (in the related petition) asserts lack of specific FIS allegations against him and his non-involvement, seeking bail and cooperation with the investigation.

Contentions of Respondents

The State, through the Public Prosecutor, submits that the FIS clearly outlines the offences and that the complainant sustained injuries corroborated by the wound certificate; the case warrants custodial interrogation and weapon recovery at the instance of the first accused, justifying arrest and ongoing investigation.

Extracted Judgment Text

Exact text extracted from official judgment records.

# **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A. BADHARUDEEN** **WEDNESDAY, THE 29[TH] DAY OF MARCH 2023 / 8TH CHAITHRA, 1945 BAIL APPL. NO. 2179 OF 2023** **CRIME NO.73/2023 OF PETTAH POLICE STATION, THIRUVANANTHAPURAM AGAINST THE ORDER/JUDGMENT CR.MC 356/2023 OF ADDITIONAL DISTRICT** **COURT (ADHOC)-II, TRIVANDRUM** **PETITIONER/ACCUSED NO.1:** **MANIKUTTAN @ VISHNU A.P. AGED 28 YEARS TC 79/955, VADAYIL VEEDU, KARIKKAKOM, BEACH P.O., THIRUVANATHAPURAM DISTRICT, PIN - 695021** **BY ADVS. M.J.SANTHOSH ARUN ANTONY (K/1053/2011)** ## **RESPONDENT/COMPLAINANT:** **STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031** **BY SMT.T.V.NEEMA, SR.PUBLIC PROSECUTOR** **THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29.03.2023 ALONG WITH BA NO.2085/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** # **BAIL APPL. NOs. 2179 & 2085 OF 2023 2** # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT** **THE HONOURABLE MR. JUSTICE A. BADHARUDEEN WEDNESDAY, THE 29[TH] DAY OF MARCH 2023 / 8TH CHAITHRA, 1945 BAIL APPL. NO. 2085 OF 2023** **CRIME NO.73/2023 OF PETTAH POLICE STATION,** ## **THIRUVANANTHAPURAM** ## **PETITIONER/7TH ACCUSED:** **ADITHYA SURESH AGED 21 YEARS S/O. SURESH ERA 1120, SANTHOSH BHAVAN, NEAR ERAVIPEROOR SREE KRISHNA SWAMY TEMPLE, CHEMPAKASERI, PERUNTHANNI, THIRUANANTHAPURAM, PIN - 695008** **BY ADVS. G.SUDHEER R.HARIKRISHNAN (H-308) SMRITHI S.S.** ## **RESPONDENT/COMPLAINANT:** **STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031** **BY SRI. P G MANU, SR.PUBLIC PROSECUTOR** **THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29.03.2023 ALONG WITH 2179/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **BAIL APPL. NOs. 2179 & 2085 OF 2023** **3** ## **COMMON ORDER** Dated this the 29[th] day of March, 2023 The first accused in crime No.73/2023 of Petta police station, Thiruvananthapuram seeks pre-arrest bail in B.A.No.2179/2023. Similarly, the petitioner in B.A.No.2085/2023, assuming himself as the 7[th] accused, has filed this petition seeking anticipatory bail in the above crime. 2. Heard the respective learned counsel for the petitioners as well as the learned Public Prosecutor. 3. I have perused the case diary as such, placed by the learned Public Prosecutor 4. The prosecution case is that at about 11.53 hours on 29.01.2023, when the defacto complainant, who slept at railway station, Thampanoor, reached pump house, Karikkakam. Then the accused persons abused and wrongfully restrained the defacto complainant. Thereafter, they manhandled him with intention to commit culpable homicide ## **BAIL APPL. NOs. 2179 & 2085 OF 2023** **4** not amounting to murder. Recording the statement of the defacto complainant, crime alleging commission of offences punishable under Sections 294(b), 323, 324, 341 and 308 read with Section 34 of IPC was registered. 5. The learned counsel for the first accused would submit that the allegations are false. According to him, the defacto complainant is a person engaged in sale of Narcotic Drugs and Psychotropic Substances and he reached the place of occurrence to sell the said substances. When the accused persons questioned the same, there occurred a scuffle and in consequence thereof, the defacto complainant fell down and sustained serious injuries. According to the learned counsel for the first accused, the allegation of the prosecution as to commission of offence punishable under Section 308 of IPC could not be justified in the facts of the instant case. Therefore, the petitioner/first accused may be released on anticipatory bail and he is ready to be abide by any condition as a pre-requisite for grant of anticipatory bail. **BAIL APPL. NOs. 2179 & 2085 OF 2023** **5** 6. While pursuing the relief of pre-arrest bail to the petitioner in B.A.No.2085/2023, who got arrayed as 6[th] accused, as per the report of the Investigating Officer, it is submitted by the learned counsel for the 6[th] accused that, in the First Information Statement, the name of the 6[th] accused even not mentioned and there is no allegation in the FIS that he did use any weapon to inflict injuries to the defacto complainant. Therefore, the petitioner/6[th] accused may also be released on bail and he is ready to co-operate with the investigation by subjecting himself for interrogation to aid the investigation. 7. The learned Public Prosecutor would submit that the allegations against the accused in this crime could be read out from the FIS itself and the same is fortified by the injuries noted in the copy of wound certificate issued from Medical College Hospital, Thiruvananthapuram. Therefore, arrest, custodial interrogation and recovery of weapon at the instance of the first accused and arrest and custodial interrogation of **BAIL APPL. NOs. 2179 & 2085 OF 2023** **6** the sixth accused are necessary. 8. On reading the FIS, it could be gathered that the defacto complainant is a person, who left his home on the previous day and slept at the railway station, just before the occurrence. It is pointed out by the learned counsel for the first accused that, as per Annexure A3, the defacto complainant was arrested in crime No.3/2023 of Excise Enforcement & Anti-Narcotic Special Squad, Thiruvananthapuram, along with MDMA involving intermediate quantity and now he has been detained in custody. The said fact has been pointed out by the learned counsel for the first accused to contend that this would fortify the contention of the first accused that the defacto complainant reached the place of occurrence to sell MDMA. 9. In this matter, in the wound certificate, the following injuries were noted; _1. Lacerated wound 5x2x1 cm over right temporo parietal scalp_ _2. Abrasion over the inner part of the upper lip_ _3. Contusion over right lip and_ _4. Graze abrasion over right ulna 0.5x0.5 cm._ **BAIL APPL. NOs. 2179 & 2085 OF 2023** ## **7** 10. No criminal antecedents reported in so far as the the petitioners are concerned. Having appraised the genesis of the case, as discussed in detail, I am of the view that the petitioners can be enlarged on bail with direction to them to subject themselves for interrogation and recovery of weapon, if any, at the instance of the first accused in order to aid the investigation. Accordingly, these petitions stand allowed and the petitioners can be enlarged on bail, on the following 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 recover the weapon, if any, at the instance of the first accused. In the event of their arrest, the Investigating Officer shall produce the petitioners before the jurisdictional court on the date of arrest itself. **BAIL APPL. NOs. 2179 & 2085 OF 2023** **8** - ii. On such production, the jurisdictional court shall release the petitioners on bail, on executing 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. The petitioners shall co-operate with the 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 9.00 am to 10.00 am for four weeks. - iv. The petitioners shall not intimidate the witnesses or interfere with the investigation in any manner. - 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. ## **Sd/-** **A. BADHARUDEEN JUDGE** nkr