Nandu, Akshai Kumar, Ananthu A.S. v. State of Kerala

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: A. Badharudeen
Judgment Date: 2023-02-22
Court Decision / Holding: The anticipatory bail plea of the 1st accused was dismissed. Bail applications of the 2nd and 3rd accused were allowed on conditions including surrender within 10 days, bond requirements of Rs.30,000 with two solvent sureties, ongoing cooperation with investigation, availability for interrogation on Wednesdays for six weeks, and restrictions on witness intimidation and commission of offences.
Final Disposition: Anticipatory bail plea of the 1st petitioner dismissed; bail applications of the 2nd and 3rd petitioners allowed on conditions

Parties to the Case

Appellants / Petitioners

Nandu
Akshai Kumar
Ananthu A.S.

Respondents

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

Legal Representation & Advocates

Counsels for Petitioners

• K.K. Dheerendrakrishnan
• N.P. Asha

Counsels for Respondents

• Sri P.G. Manu, Senior Public Prosecutor

Case Synopsis & Summary

This is an anticipatory bail petition under Section 438 CrPC filed by accused Nos.1–3 in Crime No.101/2023 of Pozhiyoor Police Station, Thiruvananthapuram, before the Kerala High Court. The matter was heard on 22 February 2023 by a Single Judge. The prosecution alleges that on 30 January 2023 the accused restrained, abused and caused hurt and grievous hurt to the complainant, with specific allegations that the 2nd accused kicked the lower abdomen, the 3rd accused restrained him, and the 1st accused struck the complainant on the head with an iron rod, resulting in a nasal bone fracture and other injuries. Offences under Sections 341, 323, 324, 326 and 506 read with Section 34 of the IPC are alleged. The petitioners claim the allegations are false and that the defacto complainant, a Branch Secretary of CPI(M), has maliciously implicated them; they contend prior incidents on 29 January 2023 and 2 February 2023 show the complainant’s conduct and that the petitioners are innocent and willing to cooperate with investigation. The Public Prosecutor counters with medical records showing the nasal fracture and other injuries, arguing custodial interrogation and weapon recovery are necessary. The court refused anticipatory bail for the 1st accused, but granted bail to the 2nd and 3rd accused subject to several conditions, including surrender within 10 days, bonds, and ongoing cooperation, with strict undertakings to refrain from intimidation and further offences.

Provisions of Law Cited

Section 438 of CrPCIPC Sections 341, 323, 324, 326, 506 read with Section 34

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners submitted that the allegations are false and the defacto complainant, a CPI(M) branch secretary, has maliciously implicated them. They contended the complainant abused the petitioners and his mother in an incident on 29.01.2023 and that the complaint dated 02.02.2023 is not reliable. They asserted innocence and a willingness to cooperate with the investigation.

Contentions of Respondents

The Public Prosecutor placed the case diary and wound certificate showing injuries including nasal bone fracture, arguing that the first accused used an iron rod and that custodial interrogation and recovery of the weapon are essential. For accused Nos.2 and 3, the absence of weapon use and the need for custodial interrogation were argued to be unnecessary, allowing their bail with conditions.

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 22[ND] DAY OF FEBRUARY 2023 / 3RD PHALGUNA, 1944 ``` ``` BAIL APPL. NO. 1218 OF 2023 ``` ``` CRIME NO.101/2023 OF POZHIYOOR POLICE STATION, THIRUVANANTHAPURAM PETITIONER/ACCUSED: ``` - **`1 NANDU AGED 23 YEARS S/O. ANILKUMAR, KADAMPARATH VEEDU, NELLOORVATTOM, PLAMOOTUKADA.P.O, NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT, PIN - 695122`** - **`2 AKSHAI KUMAR AGED 21 YEARS S/O. K.S. JAYAKUMAR, S.V. BUNGLOW, NELLOORVATTOM, PLAMOOTUKADA.P.O, NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT., PIN - 695122`** - **`3 ANANTHU. A.S AGED 18 YEARS, S/O. ANIL.R.G, VARUVILA VEEDU, NELLOORVATTOM, PLAMOOTUKADA.P.O, NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT., PIN - 695122`** ``` BY ADVS. ``` - **`K.K.DHEERENDRAKRISHNAN N.P.ASHA`** ## **`RESPONDENT/STATE:`** ``` 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 ``` ``` 22.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` BAIL APPL. NO. 1218 OF 2023 ``` ``` 2 ``` ## **ORDER** Dated this the 22[nd] day of February, 2023 This is an application for anticipatory bail filed under Section 438 of the Code of Criminal Procedure by accused Nos.1 to 3 in crime No.101/2023 of Pozhiyoor police station. 2. Heard the learned counsel for the petitioners as well as the learned Public Prosecutor. 3. I have perused the relevant documents forming part of the case diary placed by the learned Public Prosecutor. 4. The prosecution case is that at about 8 pm on 30.01.2023, the accused herein wrongfully restrained, abused and caused hurt as well as grievous hurt to the defacto complainant. The specific allegation is that the 2[nd] accused kicked on the lower part of the abdomen of the defacto complainant and beat on his back. The 3[rd] accused wrongfully restrained the defacto complainant and at this juncture, the 1[st] accused beat on the head of the defacto complainant by using ``` BAIL APPL. NO. 1218 OF 2023 ``` ``` 3 ``` an iron rod and thereby the defacto complainant sustained injuries on his nasal bone and underwent treatment. On the above sets of fact, the prosecution alleges commission of offences punishable under Sections 341, 323, 324, 326 and 506 read with Section 34 of IPC. 5. While pressing for anticipatory bail to the petitioners, the learned counsel for the petitioners submitted that the allegations are false and the defacto complainant, a person, who is the Branch Secretary of CPI(M), the leading ruling party in Kerala as an influential person, falsely implicated the petitioners in this crime and in fact the defacto complainant on 29.01.2023, under the influence of alcohol, abused the defacto complainant and his mother and for which the defacto complainant lodged a complaint on 02.02.2023. Accordingly, the learned counsel for the petitioners, the petitioners are innocent and they are ready to co-operate with the investigation. ``` BAIL APPL. NO. 1218 OF 2023 ``` ``` 4 ``` 6. Zealously opposing grant of anticipatory bail to the petitioners, the learned Public Prosecutor placed records, including the wound certificate showing injuries including nasal bone fracture along with other injuries as under: 1. Parietal abrasion on (L) side of chin 2. Abrasion wound on the scalp 3. Contusion on nose 4. Abrasion wounds on the forehead left side 5. Abrasion wound on abdomen 3 x 2 cm 7. On perusal of the case diary along with the wound certificate, it appears that the defacto complainant sustained injuries and fracture on his nasal bone and the said serious injuries are the volition of the 1[st] petitioner, who alleged to have used an iron rod to beat the defacto complainant. Therefore, arrest, custodial interrogation and recovery of weapons at the instance of the 1[st] petitioner/ 1[st] accused is absolutely necessary as pointed out by the learned Public Prosecutor. In such a view of the matter, in so far as the 1[st] ``` BAIL APPL. NO. 1218 OF 2023 ``` ``` 5 ``` accused/1[st] petitioner is concerned, this is not a fit case to grant anticipatory bail. Therefore, his petition is liable to be dismissed. 8. Coming to the complicity and overt acts at the instance of the accused Nos.2 and 3, the prosecution has no case that they have used any weapon to attack the defacto complainant in any manner. Therefore, their custodial interrogation for the purpose of investigation is not necessary and they can be directed to subject themselves for interrogation to aid the investigation. Accordingly, bail application at their instance stands allowed. In the result, anticipatory bail plea at the instance of the 1[st] petitioner/1[st] accused stands dismissed while allowing the bail application of other petitioners on the following conditions: - i. The petitioners shall surrender before the Investigating Officer within ten days from today and on such surrender, the ``` BAIL APPL. NO. 1218 OF 2023 ``` ``` 6 ``` Investigating Officer can question the petitioners and can recover the iron rod at the instance of accused No1. 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 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 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. iv. The petitioners shall not intimidate the witnesses or interfere with the investigation in any manner. ``` BAIL APPL. NO. 1218 OF 2023 ``` ``` 7 ``` 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 ``` BAIL APPL. NO. 1218 OF 2023 ``` ``` 8 ``` ## **`APPENDIX OF BAIL APPL. 1218/2023`** ``` PETITIONER ANNEXURES ``` ``` Annexure-IA TRUE COPY OF THE FIR IN CRIME NO. 101/2023 OF POZHIYOOR POLICE STATION Annexure-IIA TRUE COPY OF THE COMPLAINT SUBMITTED BY THE MOTHER OF THE 1ST ACCUSED ```