Prakasan, Induchoodan and Ullas v. State of Kerala and The Station House Officer, Thrissur Rural Police Station

## **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. 78 OF 2022 CRIME NO.1568/2021 OF KODUNGALLUR POLICE STATION** ## **PETITIONERS/ACCUSED NOS.1 TO 3:** 1 PRAKASAN AGED 58 YEARS S/O UNNIPILLAI, KALLARAKKAL HOUSE, LOKAMALESWARAM, KODUNGALLUR, THRISSUR-680664. 2 INDUCHOODAN K. AGED 56 YEARS S/O UNNIPILLAI, KALLARAKKAL HOUSE, LOKAMALESWARAM, KODUNGALLUR, THRISSUR-680664. 3 ULLAS K. AGED 32 YEARS S/O KOCHANIYAN PILLAI, KALLARAKKAL HOUSE, LOKAMALESWARAM, KODUNGALLUR, THRISSUR-680664. BY ADVS. T.S.SARATH MANU RAMACHANDRAN R.RAJESH (VARKALA) SAMEER M NAIR JITHIN C.J GEETHU KRISHNAN HARSHA SUSAN SAM ## **RESPONDENTS/COMPLAINANT/STATE:** 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA682031. 2 THE STATION HOUSE OFFICER THRISSUR RURAL POLICE STATION, THRISSUR DISTRICT680003. SRI T.R.RENJITH - SR P.P THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: **BAIL APPL. NO. 78 OF 2022** **2** ## **A.BADHARUDEEN,J.** **-------------------** ## **BAIL APPL. NO. 78 OF 2022** --------------------------Dated this the 13th day of May, 2022 ## **ORDER** The petitioners are accused Nos.1 to 3 in Crime No.1568/2021 of Kodungallur Police Station and they seek the relief of pre-arrest bail in this petition apprehending arrest in the above crime. 2. Heard the learned counsel for the petitioners as well as the learned Public Prosecutor. 3. As per the FIR, accused Nos. 1 to 3 viz. Prakasan, Induchoodan and Ullas on 26.12.2021 at about 15:05 hours manhandled the defacto complainant and in consequence thereof **BAIL APPL. NO. 78 OF 2022** **3** the defacto complainant sustained nasal bone fracture. 4. Specific allegation is that Induchoodan and Ullas restrained the defacto complainant and Prakasan beat on the nose of the defacto complainant by using a bear bottle and thereby the defacto complainant sustained injuries including fracture of nasal bone. On this premise, prosecution alleges commission of offences under Sections 341, 323 and 326 read with 34 of Indian Penal Code. 5. It is submitted by the learned counsel for the petitioners that the petitioners are innocent and allegations are false. He pressed for granting anticipatory bail after submitting that the petitioners are ready to co-operate with the investigation. 6. A report has been placed by the learned **BAIL APPL. NO. 78 OF 2022** **4** Public Prosecutor, wherein, the array of accused is shown in deviation from the FIR. In the report, Induchoodan is accused No.1, Prakasan is accused No.2 and Ullas is accused No.3. 7. The learned Public Prosecutor submitted that arrest and custodial interrogation of the accused are necessary since there is specific allegation that they had used bear bottle to beat on the nose of the defacto complainant which resulted in nasal bone fracture. 8. Since the array of accused is materially changed, I would like to refer the name of the accused to avoid confusion. 9. The allegation of prosecution is that when Induchoodan and Ullas restrained the defacto complainant, Prakasan beat on the nose of defacto complainant by using a bear bottle, which in turn, caused fracture of nasal bone. Thus, _prima facie,_ the prosecution case is well made out. Therefore, **BAIL APPL. NO. 78 OF 2022** **5** effective investigation is possible only by custodial interrogation and recovery of weapon alleged to be used by Prakasan to commit the offence. Therefore, anticipatory bail at his instance cannot be granted. Therefore, bail plea at his instance stands dismissed. 10. Coming to Induchoodan and Ullas, the prosecution has no case that they have used any weapon while attacking defacto complainant. 11. In view of the matter, their arrest and custodial interrogation are not necessary to accomplish successful prosecution. 12. In the result, anticipatory bail plea at the option of Prakasan stands dismissed. In view of the matter, anticipatory bail is granted to other petitioners on the following conditions: i. Induchoodan and Ullas shall surrender before the Investigating Officer on or **BAIL APPL. NO. 78 OF 2022** **6** before 20.05.2022 between 9 a.m and 11 a.m. on such surrender, the Investigating Officer can interrogate them and in the event of their arrest, they shall be produced before the jurisdictional court on the day of arrest itself. On such production, the jurisdictional Magistrate shall release them on bail, on executing bonds for Rs.50,000/-(Rupees Fifty thousand) each with two solvent sureties, each for the like sum to the satisfaction of the jurisdictional Magistrate. In case they fail to surrender before the Investigating Officer, the Investigating Officer is at liberty to arrest them forthwith. ii. They shall co-operate with Covid-19 **BAIL APPL. NO. 78 OF 2022** **7** restrictions. iii. They shall co-operate with the investigation and shall appear before the Investigating Officer as and when directed, till the final report is filed. The first accused is specifically directed to co-operate with the investigation in the matter of recovery as well. iv. They 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. They are specifically directed not to involve in any crimes during the currency of bail and any such **BAIL APPL. NO. 78 OF 2022** **8** 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** SAS **BAIL APPL. NO. 78 OF 2022** **9** ## **APPENDIX OF BAIL APPL. 78/2022** PETITIONER'S ANNEXURES Annexure A1 TRUE COPY OF THE F.I.R IN CRIME NO.1568/2021 OF KODUNGALLUR POLICE STATION