Sayooj R.T v. State of Kerala and Station House Officer, Meppayur Police Station

1 Bail Application No. 511 of 2024 ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE C.S.DIAS ``` ``` MONDAY, THE 29[TH] DAY OF JANUARY 2024 / 9TH MAGHA, 1945 ``` ``` BAIL APPL. NO. 511 OF 2024 ``` ``` CRIME NO.2/2024 OF Meppayur Police Station, Kozhikode ``` ## **`PETITIONER/S:`** ``` SAYOOJ R.T AGED 26 YEARS PADINHAREYIL MEETHAL HOUSE, MUYIPOTH (P.O.), KOZHIKODE, PIN - 673524 ``` ``` BY ADV NIDHI BALACHANDRAN ``` ## **`RESPONDENT/S:`** ``` 1STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2STATION HOUSE OFFICER MEPPAYUR POLICE STATION, KOZHIKODE, PIN - 673524 ``` ## **`OTHER PRESENT:`** ``` SMT.SEETHA.S SENIOR PUBLIC PROSECUTOR ``` ``` THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 2 Bail Application No. 511 of 2024 ## **C.S.DIAS,J** ## **======================** **Bail Application No. 511 of 2024** **----------------------------------Dated this the 29[th] day of January, 2024** ## **O R D E R** The application is filed under Section 439 of the Code of Criminal Procedure, 1973, by the second accused in crime No.2/2024 of the Meppayur Police Station, Kozhikode, registered against the accused (four in number), for allegedly committing the offences punishable under Secs.341, 323, 324, 294(b), 326 and 506(i) read with Sec.34 of the Indian Penal Code. The petitioner was arrested on 9.1.2024. 2. The gist of the prosecution case is that: around 00.15 hours on 1.1.2024, while the first informant was travelling on his scooter along with his friend on the pillion, 3 Bail Application No. 511 of 2024 the accused wrongfully restrained the first informant, intimidated him and abused him in filthy language. The first accused took helmet of the first informant and hit him on his nose. The first informant sustained a fracture on his nasal bone. The other accused beat the first informant and his friend with hands. Thus, the accused have committed the above offences. 3. Heard; Smt.Nidhi Balachandran, the learned counsel appearing for the petitioner and Smt.Seetha.S, the learned Public Prosecutor appearing for the respondents. 4. The learned counsel for the petitioner submitted that the petitioner is totally innocent of the accusations levelled against him. He has been falsely implicated in the crime. Even going by the first information report, the 4 Bail Application No. 511 of 2024 specific overt act is alleged against the first accused, who hit the first informant with the helmet. The petitioner has been in judicial custody since 9.1.2024. The investigation in the case so far as it relates to the petitioner is practically complete. The recovery has been effected. The petitioner is willing to abide by any condition imposed by this Court. Hence, the application may be allowed. 5. The learned Public Prosecutor opposed the application. She contended that the investigation in the case is in progress and the petitioner has criminal antecedents. There are two crimes registered against the petitioner as crime Nos. 446/2023 and 91/2017 for committing similar offences. If the petitioner is let off on bail, there is every likelihood of committing him similar offences. 5 Bail Application No. 511 of 2024 Nonetheless, she conceded to the fact that the specific overt act is alleged against the first accused. 6. After bestowing my anxious consideration to the materials placed on record, particularly after going through the first information report wherein it is the first accused who hit the first informant with the helmet and caused the fracture, that the petitioner has been in judicial custody since 9.1.2024, that the investigation in the case is practically complete and recovery has been effected, I am of the view that the petitioner’s continued detention is unnecessary. Hence, I am inclined to allow the bail application. In the result, the application is allowed, by directing the petitioner to be released on bail on him executing a 6 Bail Application No. 511 of 2024 bond for Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties each for the like sum, to the satisfaction of the court having jurisdiction, which shall be subject to the following conditions: (i) The petitioner shall appear before the Investigating Officer on every Saturday between 9 a.m. and 11 a.m for a period of one month or till the final report is laid, whichever is earlier. He shall also appear before the Investigating Officer as and when required; (ii) The petitioner shall not directly or indirectly make any inducement, threat or procure 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 or tamper with the evidence in any manner, whatsoever; 7 Bail Application No. 511 of 2024 (iii) The petitioner shall not commit any offence while he is on bail; (iv) The petitioner shall surrender his passport, if any, before the court below at the time of execution of the bond. If he has no passport, he shall file an affidavit to the effect before the court below on the date of execution of the bond; (vi) 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. (vii) Applications for deletion/modification of the bail conditions shall be moved and entertained by the court below. 8 Bail Application No. 511 of 2024 (viii) 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 petitioner even while the petitioner is 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/- sks/29.1.2024 **C.S.DIAS, JUDGE** 9 Bail Application No. 511 of 2024 ## **`APPENDIX OF BAIL APPL. 511/2024`** ``` PETITIONER ANNEXURES ``` ``` Annexure 1A TRUE COPY OF THE ORDER DATED 10/1/23 IN CMP NO 48/24 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, PAYYOLI Annexure A2A TRUE COPY OF THE ORDER DATED 17/1/23 IN CMP NO 54/24 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, PAYYOLI ```