Reshmi @ Elizabeth Reshmi and Others v. State of Kerala

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE A. BADHARUDEEN** **WEDNESDAY, THE 15[TH] DAY OF MARCH 2023 / 24TH PHALGUNA, 1944** **BAIL APPL. NO. 1246 OF 2023** CRIME NO.21/2023 OF ALOOR POLICE STATION ## **PETITIONERS/ACCUSED NOS.3,9,23 & 1** 1 RESHMI @ ELIZABETH RESHMI AGED 37 YEARS W/O NAVIN PAUL, CHIRIYANKANDATH HOUSE, ZION EDEN MURIYAD P O, THRISSUR, PIN - 680683 2 SURYA ROSS AGED 36 YEARS W/O SHANTO P P, PANTHALLOOKKARAN HOUSE, PERMABRA P O, KODAKARA KANAKAMALA THRISUR, PIN - 680689 3 SHINY FRANKLIN AGED 42 YEARS W/O FRANKLIN A M ATTIPETTY HOUSE, ZION SHECHEM, MURIYAD P.O., THRISUR, PIN - 680683 4 APARNA VARGHESE AGED 22 YEARS D/O VARGHESE K.P., KANNAMKUNNIL HOUSE, ZION BETHLEHEM, MURIYAD P.O, THRISSUR, PIN - 680689 BY ADVS. S.RAJEEV V.VINAY M.S.ANEER SARATH K.P. PRERITH PHILIP JOSEPH ANILKUMAR C.R. ## **RESPONDENTS/STATE:** 1 STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 2 STATION HOUSE OFFICER ALOOR POLICE STATION, THRISSUR (CRIME NO 21/2023 OF ALOOR POLICE STATION, THRISSUR DISTRICT) **BAIL APPL. NO. 1246 OF 2023 2** *ADDL R3 IMPLEADED 3 SAJAN SACRIA S/O. SACRIA, PLATHOTTATHIL- HOUSE, ARAMBANAGARDESOM, MURIYAD- VILLAGE , MURIYAD- POST , THRISSURDIST, PIN 680683 *ADDL R3 IS IMPLEADED AS PER ORDER DATED 15.3.2023 IN CRL.M.A.NO.1/2023 IN BA.1246/2023 R1 & R2 BY SR.PUBLIC PROSECUTOR SRI.P G MANU ADDL.R3 BY ADVS. B.A. ALOOR K.P.PRASANTH T.S.KRISHNENDU ARCHANA SURESH SUNITHA K.G. SAKSHYA A.K. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: **BAIL APPL. NO. 1246 OF 2023 3** ## **ORDER** Dated this the 15[th] day of March 2023 Anticipatory bail plea at the instance of accused Nos.3,9,23 and 1 in Crime No.21/2023 of Aloor Police Station, is the crux of this petition filed under Section 438 of the Code of Criminal Procedure. 2. Heard the learned counsel for the petitioners, the learned Public Prosecutor and the learned counsel for the de facto complainant also, in detail. 3. I have perused the case diary as such placed by the learned Public Prosecutor. 4. The prosecution case emanates from the case diary is that at about 18.15 hours on 05.01.2023 accused Nos.1 to 59, who hatched conspiracy to commit culpable homicide not amounting to murder of one Sajan Scaria and his father Shaji Mathayi, formed into unlawful assembly with knowledge that they are all members of the said assembly, after armed with weapons and thereafter they assaulted Sajan and Shaji in their attempt to commit culpable homicide. The prosecution would **BAIL APPL. NO. 1246 OF 2023 4** allege that the defacto complainant, Adwin Shaji and Anwin Shiji were travelling in KL 24 D 9000 Fortuner car, they were restrained in front of Kapara kadavu and assaulted. The prosecution allegation is that the mob attacked the de facto complainant and Adwin Shaji and Anwin Shiji by using knife, iron pipe, wooden stick, rock piece etc, but the de facto complainant and his brothers survived. On this premise, the prosecution alleges commission of offence punishable under Sections 143, 144, 148, 109, 283, 323, 324, 307, 427, 120B and 149 of the Indian Penal Code (for short, 'the IPC' hereinafter). 5. While pressing for anticipatory bail to the petitioners, the learned counsel for the petitioners would submit that the petitioners are innocent and they are ladies and home makers. Due to difference of opinion in between them, there occurred scuffle and this crime emerged after the said scuffle. Further, it is submitted that the allegations as to commission of serious offence including 307 of the IPC could not be justified even by the prosecution records and therefore, the petitioners, who have no antecedents and home makers, are liable to be released on bail. Further, they are ready to be abide by any conditions as a pre-requisite for grant of anticipatory bail, to **BAIL APPL. NO. 1246 OF 2023 5** aid the matter of investigation. 6. Whereas, the learned Public Prosecutor strongly opposed grant of bail and submitted that the accused attacked the de facto complainant and others due to animosity arose out of the occurrence, whereby, the de facto complainant and his family left the ‘Zion Sabha’ and also published morphed photographs of one Nisha Sebastian. It is submitted further that, law and order situation prevailing at the place of occurrence is sensitive and if the petitioners will be released on bail, there is likelihood of further clashes in between them and accordingly, they are not liable to be released on bail. The learned Public Prosecutor also pointed out the necessity of arrest, custodial interrogation and recovery of weapons. 7. The learned counsel for the de facto complainant zealously opposed bail. It is submitted that the petitioners along with other accused brutally manhandled the de facto complainant and other persons with intention to commit their murder and thereby, five persons sustained very serious injuries, though they survived. Therefore, the prosecution case as to commission of offences including one under Section 307 of the IPC fully established, prima facie. Therefore, arrest and ## **BAIL APPL. NO. 1246 OF 2023 6** custodial interrogation of the petitioners are necessary. As such grant of anticipatory bail would halter the investigation. 8. On perusal of the case diary, the allegation is confined to attacks against the de facto complainant, and others on the premise that they have left ‘Zion Sabha’ and also published morphed photograph of one among the members of the said Sabha. The prosecution alleges use of knife, iron rod, pepper spray etc. by the mob, apart from use of hands, legs, foot wares etc. 9. On perusal of wound certificate pertaining to 5 persons, who alleged to have sustained injuries, in fact, only minor injuries were noted and no serious injuries diagnosed. The main allegation is that accused Nos.1 to 5 led the attack along with the other accused. In the report of the Investigating Officer, it is stated that after the occurrence also, two more crimes were registered, viz., crime No.24/2023 under Sections 354A(1)(i), 294(b), 323, 324 of IPC and Section 8 r/w 7 of POCSO, Crime No.26/2023 under Sections 144, 148, 342, 323, 324, 506, 427 r/w Section 149 of the IPC & Section 5 of Kerala Prevention of Damage to Private Property and Payment of Compensation Act, 2019 and Crime No.27/2023 under Sections ## **BAIL APPL. NO. 1246 OF 2023 7** 341, 325 and 308 of IPC and one among the offences is under Section 7 of POCSO. 10. Having appraised the facts of the case in the context of involvement of 59 persons and the same appears to be a protest in between the difference of opinion prevailing in between two groups, arrest and custodial interrogation are not necessary, and meaningful investigation is possible by directing the petitioners to subject themselves for interrogation and to aid the investigation. Hence, I am inclined to grant anticipatory bail to the petitioners herein, on conditions, and with specific direction to them to subject themselves for interrogation for the purpose of investigation and recovery of weapon, if any, at their instance. Accordingly, the bail application stands 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 can recover the weapons, if any, at their instance. 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. **BAIL APPL. NO. 1246 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 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 a.m. and 10.00 a.m. for six weeks from the date of their arrest. 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** Bb