OP(C).No.3473 of 2022

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: A. BADHARUDEEN
Judgment Date: 2022-05-13
Court Decision / Holding: Petition allowed on interim pre-arrest bail. The petitioners shall surrender before the Investigating Officer on or before 20.05.2022 between 9:00 a.m. and 11:00 a.m. for interrogation and recovery of weapons; on surrender, the Investigating Officer shall produce the petitioners before the jurisdictional Magistrate on the same day, who shall release them on bail on executing a bond of Rs.50,000 with two solvent sureties to the satisfaction of the Magistrate. If the petitioners fail to surrender, the IO may arrest forthwith. Conditions include cooperation with Covid-19 restrictions, continued cooperation with the investigation, appearance as directed, and not involving in any further crimes during the bail period; any violation may lead to cancellation of bail.
Final Disposition: Bail Granted

Parties to the Case

Appellants / Petitioners

BHADRADAS.T
SREEHARI
VIPIN LAL
HARIPRASAD
RAJANEESH
SREEKUTTAN

Respondents

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

Legal Representation & Advocates

Counsels for Petitioners

• C. RAJENDRAN
• B. K. GOPALAKRISHNAN

Counsels for Respondents

• M. C. ASHI

Case Synopsis & Summary

This is a bail application (OP(C).No.3473 of 2022) before the High Court of Kerala at Ernakulam, concerning six petitioners-accused in Crime No.271/2022 of Chavara Police Station, Kollam. The petition seeks pre-arrest bail in offences under IPC Sections 143, 147, 148, 452, 323, 324, and 427 r/w 149. The prosecution alleges that the accused, in a festivity-related dispute, formed an unlawful assembly armed with iron road, cycle freewheel and sticks, trespassed into the defacto complainant’s residence at Panmana Chittoor around 10 p.m., attempted to cause hurt to the accused’s brother and mother, and damaged property including windows, water pipes and a motorcycle, causing a loss of around Rs. 10,000. The defense argues the incident arose from a difference of opinion during temple festival and that the petitioners had no intention to inflict harm; they are willing to comply with conditions for bail and have no criminal record. The court examined the gravity of the offences, noted no serious injuries yet acknowledged investigation feasibility. It granted pre-arrest bail on conditions: surrender by 20.05.2022 for interrogation and recovery of weapons; production before the Magistrate on arrest with bond of Rs.50,000 with two solvent sureties; compliance with Covid-19 restrictions; ongoing cooperation with investigation; and prohibition against inducing or committing further crimes. The order reflects a measured balance between public order and individual liberty.

Provisions of Law Cited

Section 143 IPCSection 147 IPCSection 148 IPCSection 452 IPCSection 323 IPCSection 324 IPCSection 427 r/w Section 149 IPC

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners submit that the offences are punishable as bailable, arising from a temple festival dispute; there was no intention to cause harm and the petitioners are prepared to abide by reasonable conditions for bail. They contend the incident stemmed from a difference of opinion and that the investigation can progress with the petitioners under bail safeguards. They emphasize readiness to cooperate with authorities, including compliance with Covid-19 restrictions and appearances as directed, and argue that arrest at this stage would be unnecessary interference with personal liberty given lack of grievous injuries.

Contentions of Respondents

The State argues against pre-arrest bail, highlighting the seriousness of the offences and risk to public order, though noting no grievous injuries have been reported. It emphasizes the need for custody to ensure a thorough investigation and to prevent possible interference. The Public Prosecutor contends that while 452 is alleged, the absence of severe injuries does not negate the seriousness, and appropriate legal safeguards can be imposed if bail is granted.

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 FRIDAY, THE 13[TH] DAY OF MAY 2022 / 23RD VAISAKHA, 1944 BAIL APPL. NO. 3473 OF 2022** ## **CRIME NO.271/2022 OF CHAVARA POLICE STATION, KOLLAM** ## **PETITIONERS/ACCUSED NO.1 TO 6:** 1 BHADRADAS.T, AGED 29 YEARS, S/O.THULASEEDHARAN, PARAMBIL VADAKKATHIL, CHITTOOR, PANMANA, PANMANA VILLAGE, KARUNAGAPPALLY KOLLAM, PIN – 690518. 2 SREEHARI, AGED 23 YEARS, S/O.SASHANKAN, SREEMANDIRAM, VADUTHALA, PANMANA, KARUNAGAPPALLY KOLLAM, PIN – 690518. 3 VIPIN LAL, AGED 18 YEARS, S/O.ANIL KUMAR, LAL BHAVANANM, CHITTOOR PANMANA, KARUNAGAPPALLY, KOLLAM, PIN – 690518. 4 HARIPRASAD, AGED 27 YEARS, S/O.VIJAYARAJAN, CHEPLAZHIKATHU, CHITTOOR, PANMANA, KARUNAGAPPALLY, KOLLAM, PIN – 690518. 5 RAJANEESH, AGED 27 YEARS, S/O.RAJU, PUTHANVEETTIL PADEETTATHIL, CHITTOOR, PANMANA, KARUNAGAPPALLY, KOLLAM, PIN – 690518. 6 SREEKUTTAN, AGED 23 YEARS, S/O.BHADRAN, KUNNEL VEEDU, POROORKKARA, PANMANA, KARUNAGAPPALLY, KOLLAM, PIN – 690518. BY ADVS. SRI.C.RAJENDRAN SRI.B.K.GOPALAKRISHNAN ## **RESPONDENT/COMPLAINANT:** STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN – 682031. **OP(C).No.3473 OF 2022** **2** BY ADV. SRI M.C.ASHI, PUBLIC PROSECUTOR. **THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **OP(C).No.3473 OF 2022** **3** ## **O R D E R** Petitioners, who are accused Nos.1 to 6 in Crime No.271/2022 of Chavara Police Station, Kollam, seek pre-arrest bail apprehending arrest at the hands of Chavara police in the above crime, alleging commission of offences under Section 143, 147, 148, 452, 323, 324, 427, r/w 149 of the Indian Penal Code. 2. Heard the learned counsel for the petitioners as well as the learned Public Prosecutor. 3. Prosecution case in brief is as follows: The accused persons, who are in inimical terms with the younger brother of the defacto complainant in connection with his dancing in front of procession of Minnamthottathil Temple, due to the said enmity arose out of the same, on 04.04.2022 at **OP(C).No.3473 OF 2022** **4** about 10:00 p.m, the accused persons formed themselves into an unlawful assembly armed with weapons like iron road, cycle freewheel and sticks and in prosecution of their common object, at about 10:00 p.m, they criminally trespassed into the residence of the defacto complainant, situated at Panmana Chittoor, after having made preparation to cause hurt and inflicted injuries with the weapon on the persons of the defacto complainant, his brother and his mother; then they committed mischief by damaging window glasses, water pipes and a motorcycle and caused wrongful loss of Rs.10,000/-. 4. It is submitted by the learned counsel for the petitioners that during festival of Minnamthottathil Temple, there occurred a difference of opinion between the brother of the defacto complainant and the followers of **OP(C).No.3473 OF 2022** **5** the festival and the overacts are the outcome of the difference of opinion and the petitioners have no intention to harm the defacto complainant or others in any manner. The learned counsel submitted that the petitioners are ready to abide by any conditions for the grant of pre-arrest bail. 5. The learned Public Prosecutor opposed the bail highlighting the seriousness of the offences warranting custody of the petitioners. 6. Though offences under Section 452 is alleged, no allegation that the defacto complainant or anybody else sustained any serious injuries and in such a case, effective investigation is possible, if direction is given to the petitioners to subject themselves for interrogation and for the purpose of recovery, if any. Therefore, this petition **OP(C).No.3473 OF 2022** **6** stands allowed on the following conditions: i. The petitioners shall surrender before the Investigating Officer on or before 20.05.2022 between 9 a.m and 11 a.m. On such surrender, the Investigating Officer can interrogate the petitioners and recover weapon, etc., and in the event of their arrest, the petitioners shall be produced before the jurisdictional court on the day of arrest itself. On such production, the jurisdictional Magistrate shall release the petitioners on bail, on executing bond for Rs.50,000/-(Rupees Fifty thousand) with two solvent sureties, each for the like sum to the satisfaction of the jurisdictional Magistrate. In case the petitioner fails to surrender before the Investigating Officer, the Investigating Officer is at liberty to arrest the petitioners forthwith. ii. The petitioners shall co-operate with Covid-19 restrictions. iii. The petitioners shall co-operate with the investigation and shall appear before the Investigating Officer as **OP(C).No.3473 OF 2022** **7** and when directed, till the final report is filed. The petitioners are specifically directed to co-operate with the investigation in the matter of recovery as well. iv. The petitioners, shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case, so as to dissuade him from disclosing such facts to the court or to any police officer. v. The petitioners are specifically directed not to involve in any crimes during the currency of bail and any such involvement or violation of the above conditions, if reported or came to the notice of the court will be a reason to cancel the bail hereby granted. Sd/- **A. BADHARUDEEN, JUDGE** WW **OP(C).No.3473 OF 2022** **8** ## **APPENDIX OF BAIL APPL. 3473/2022** PETITIONERS' ANNEXURES: ANNEXURE A1 TRUE COPY OF THE ORDER DATED 21/04/2022 OF THE PRINCIPAL SESSIONS COURT, KOLLAM IN CRL.MC NO:701/2022.