Sanu TS v. State of Kerala; Abdul Siraj S v. State of Kerala; Jinitha v. State of Kerala

# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE C.S.DIAS ``` ``` FRIDAY, THE 12[TH] DAY OF APRIL 2024 / 23RD CHAITHRA, 1946 ``` ``` BAIL APPL. NO. 2954 OF 2024 ``` ``` CRIME NO.230/2024 OF Ollur Police Station, Thrissur ``` ## **`PETITIONER/S:`** ``` SANU TS AGED 32 YEARS S/O SIVARAMAN, THENGAMACHY HOUSE, PUDUKKAD PO, NENMAKERA, THRISSUR, PIN - 680301 ``` ## **`BY ADV APPU AJITH`** ## **`RESPONDENT/S:`** ``` STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 ``` ## **`OTHER PRESENT:`** ``` SR PP SMT SEETHA S ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12.04.2024, ALONG WITH BA NO.2968/2024 & 2965/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` `BAIL APPL. NOS. 2954, 2965 & 2968 OF 2024` 2 ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE C.S.DIAS ``` ``` FRIDAY, THE 12[TH] DAY OF APRIL 2024 / 23RD CHAITHRA, 1946 BAIL APPL. NO. 2965 OF 2024 ``` ``` CRIME NO.230/2024 OF Ollur Police Station, Thrissur PETITIONER/S: ``` ``` ABDUL SIRAJ S AGED 25 YEARS S/O K A SIDHIC, SIRAJ MANZIL, PAZHAKULAM P O , PALLICKAL,PATHANAMTHITTA, KERALA, PIN - 691523 ``` ``` BY ADV APPU AJITH ``` ## **`RESPONDENT/S:`** ``` STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 ``` ## **`OTHER PRESENT:`** ``` SR PP SMT NEEMA T V ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12.04.2024, ALONG WITH BA NO.2954/2024 & 2968/2024,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` `BAIL APPL. NOS. 2954, 2965 & 2968 OF 2024` 3 # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE C.S.DIAS ``` ``` FRIDAY, THE 12[TH] DAY OF APRIL 2024 / 23RD CHAITHRA, 1946 ``` ``` BAIL APPL. NO. 2968 OF 2024 ``` ``` CRIME NO.230/2024 OF Ollur Police Station, Thrissur ``` ## **`PETITIONER/S:`** ``` JINITHA AGED 29 YEARS W/O SANU TS , THENGAMACHY HOUSE NENMANIKKARA PO PUDUKAD, PIN - 680301 ``` ``` BY ADV SHYNI DAS J.S. ``` ## **`RESPONDENT/S:`** ``` STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 ``` ``` OTHER PRESENT: ``` ``` SR PP SRI C S HRITHWIK ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12.04.2024, ALONG WITH BA NO.2954/2024 & 2965/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` `BAIL APPL. NOS. 2954, 2965 & 2968 OF 2024` 4 ## Dated this the 12[th] day of April, 2024 ## **COMMON ORDER** The applications are filed under Section 438 of the Code of Criminal Procedure, 1973, for orders of prearrest bail. As these applications arise out of the same crime, they were consolidated, jointly heard and are being disposed of by this common order. 2. The petitioners are the accused 1, 2 and 4 in Crime No.230/2024 of the Ollur Police Station, Thrissur registered against the accused (four in number) for allegedly committing the offences punishable under Sections 341, 294(b), 506 and 308 r/w Section 34 of the Indian Penal Code. 3. The crux of the prosecution allegation is that: on 09.03.2024, the accused, in furtherance of their common intention, questioned the defacto complainant, who dumped waste in the locality and attempted to attack him with a helmet. Subsequently, the accused 1 to 3 hit him with an iron rod and threatened to do away with his life. `BAIL APPL. NOS. 2954, 2965 & 2968 OF 2024` 5 The 4[th] accused verbally abused the defacto complainant in obscene words. Thus, the accused have committed the above offences. 4. Heard; Sri.Appu Ajith and Smt.Shyni Das J.S., the learned counsel appearing for the petitioners and Smt.Seetha S., Smt.Neema T.V. and Sri.C.S.Hrithwik, the learned Public Prosecutors. 5. The learned counsel for the petitioners submitted that the petitioners are totally innocent of the accusations leveled against them. In fact, it was the defacto complainant and his friends, who assaulted the petitioners and caused grievous injuries to the 1[st] accused. In connection with the same incident, Annexure A5 FIR (in B.A.No.2954/2024) has been registered against the defacto complainant and his friends for allegedly committing the predicate offence under Section 326 of the IPC. Annexure A2 treatment certificate would show that the 1[st] accused had suffered a fracture. Likewise, Annexure A3 discharge card would show that the 4[th] `BAIL APPL. NOS. 2954, 2965 & 2968 OF 2024` 6 accused is pregnant. It is only as a counter blast to Anenxure A5 FIR, that the defacto complainant has got Annexure A1 FIR registered at the instance of the Police. A reading of the treatment record of the defacto complainant would show that he had not suffered any grievous injury. The petitioners' custodial interrogation is not necessary and no recovery is to be effected. The petitioners are entitled for orders of pre-arrest bail. Hence, the applications may be allowed. 6. The learned Public Prosecutors opposed the applications. They submitted that there is a specific overt act alleged against the 1[st] accused for having assaulted the defacto complainant with an iron rod. The 1[st] accused's custodial interrogation is necessary and recovery is to be effected. Nonetheless, they did not dispute the fact that there is no specific overt act alleged against the accused 2 and 4. They made available the accident register cum wound certificate dated 10.03.2024 issued by the General Hospital, Thrissur, to substantiate `BAIL APPL. NOS. 2954, 2965 & 2968 OF 2024` 7 their assertions. They prayed that the applications may be dismissed. 7. On an evaluation of the materials on record, it can be gathered that Annexures A1 and A5 FIRs have been registered in connection with the same incident as against the parties. Anenxure A1 FIR was registered at the instance of the defacto complainant on 10.03.2024 at 23.46 hours with the predicate offence under section 308 of the IPC. Anenxure A5 FIR was on registered 11.03.2024 at 01.54 hours with the predicate offence under section 326 of the IPC. Anenxure A2 treatment record would show that the 1[st] accused had suffered a fracture. Similarly, Annexure A3 discharge card would show that the 4[th] accused is pregnant. On the contrary, on an evaluation of the accident register cum wound certificate of the defacto complainant it would show that he only suffered lacerated wounds on two parts of his body. 8. On an overall appreciation of the facts, the rival `BAIL APPL. NOS. 2954, 2965 & 2968 OF 2024` 8 submissions made across the Bar and the materials placed on record, especially after considering the accident register cum wound certificate of the defacto complainant, I am prima facie of the view that the offence under Section 308 may not be attracted as against the petitioners. Therefore, I hold that their custodial interrogation is not necessary. The petitioners have made out convincing grounds to invoke the extra ordinary jurisdiction of this Court under Section 438 of the Code of Criminal Procedure. Hence, I am inclined to allow the applications, but subject to conditions. In the result, the applications are allowed subject to the following conditions: i) The petitioners are directed to surrender before the Investigating Officer within ten days from today. ii) In the event of the petitioners' arrest, the Investigating Officer shall produce them before the jurisdictional court on the date of surrender itself. `BAIL APPL. NOS. 2954, 2965 & 2968 OF 2024` 9 iii) On such production, the jurisdictional court shall release the petitioners on bail on them executing a bond for Rs.50,000/- (Rupees fifty thousand only), with two solvent sureties for the like amount each, to the satisfaction of the jurisdictional court; (iv) The petitioners shall surrender their passports, if any, before the court below at the time of execution of the bond. If they have no passports, they shall file an affidavit to the effect before the court below on the date of execution of the bond; v) The petitioners shall co-operate with the investigation and make themselves available for interrogation and for the purpose of investigation as and when the Investigating Officer directs; vi). The petitioners shall not intimidate the witnesses or interfere with the investigation in any manner; vii). The petitioners shall not get involved in any other offence while on bail. `BAIL APPL. NOS. 2954, 2965 & 2968 OF 2024` 10 viii). In case of violation of any of the conditions mentioned above, the jurisdictional court shall be empowered to consider the application for cancellation of bail, if any filed, and pass orders on the same, in accordance with law. ix). Applications for deletion/modification of the bail conditions shall also be filed before the court below. (x) Needless to mention, it would be well within the powers of the Investigating Officer to investigate the matter and, if necessary, to effect recoveries on the information, if any, given by the petitioners even while the petitioners are on bail as laid down by the Hon'ble Supreme Court in _**Sushila Aggarwal v. State (NCT of Delhi) and another** [2020 (1) KHC 663]_ . sd/- ## **C.S.DIAS, JUDGE** rkc/12.04.24 `BAIL APPL. NOS. 2954, 2965 & 2968 OF 2024` 11 ## **`APPENDIX OF BAIL APPL. 2954/2024`** |**`PETITIONER ANNEXURES`**|**`PETITIONER ANNEXURES`**| |---|---| |**`Annexure A1`**|**`A TRUE COPY OF THE FIR CRIME NUMBER`**| ||**`230/2024 OF OLLUR POLICE STATION DATED`**| ||**`10/3/2024`**| |**`Annexure A2`**|**`A TRUE COPY OF THE CAUSALITY REGISTRATION`**| ||**`CARD OF THE PETITIONER DATED 10/03/2024`**| |**`Annexure A3`**|**`A TRUE COPY OF THE DISCHARGE CARD OF THE`**| ||**`WIFE OF THE PETITIONER WHO IS THE 4TH`**| ||**`ACCUSED DATED 11/03/2024`**| |**`Annexure A4`**|**`A TRUE COPY OF THE GYNAECOLOGY SONOGRAPHY`**| ||**`REPORT DATED 10/03/2024 OF THE 4TH`**| ||**`ACCUSED`**| |**`Annexure A5`**|**`A TRUE COPY OF THE CRIME NUMBER 231 OF`**| ||**`2024 OF OLLUR POLICE STATION ,THRISSUR`**| ||**`DATED 11/03/2024`**| ``` BAIL APPL. NOS. 2954, 2965 & 2968 OF 2024 ``` 12 ## **`APPENDIX OF BAIL APPL. 2965/2024`** ``` PETITIONER ANNEXURES ``` ``` Annexure A1A TRUE COPY OF THE FIR CRIME NUMBER 230/2024 OF OLLUR POLICE STATION DATED 10/3/2024 Annexure A2A TRUE COPY OF THE CRIME NUMBER 231 OF 2024 OF OLLUR POLICE STATION,THRISSUR DATED 11/03/2024 ``` `BAIL APPL. NOS. 2954, 2965 & 2968 OF 2024` 13 ## **`APPENDIX OF BAIL APPL. 2968/2024`** ## **`PETITIONER ANNEXURES`** |**`Annexure A1`**|**`A TRUE COPY OF THE FIR CRIME NUMBER`**| |---|---| ||**`230/2024 OF OLLUR POLICE STATION DATED`**| ||**`10/3/2024`**| |**`Annexure A2`**|**`A TRUE COPY OF THE DISCHARGE CARD OF THE`**| ||**`PETITIONER`**| |**`Annexure A3`**|**`A TRUE COPY OF THE CAUSALITY REGISTRATION`**| ||**`CARD OF THE HUSBAND OF THE PETITIONER WHO`**| ||**`IS THE 1ST ACCUSED DATED 11/03/2024`**| |**`Annexure A4`**|**`A TRUE COPY OF THE GYNAECOLOGY SONOGRAPHY`**| ||**`REPORT DATED 10/03/2024 OF THE PETITIONER`**| |**`Annexure A5`**|**`A TRUE COPY OF THE CRIME NUMBER 231 OF`**| ||**`2024 OF THE OLLUR POLICE STATION,`**| ||**`THRISSUR DATED 11/03/2024`**|