Anticipatory bail can be granted when allegations are questioned, and the accused lacks prior criminal records, subject to strict conditions.

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM FRIDAY, THE 26^TH DAY OF AUGUST 2022 / 4TH BHADRA, 1944 BAIL APPL. NO. 3528 OF 2022 CRIME NO.203/2022 OF THALASSERY POLICE STATION, KANNUR PETITIONER:

ABDUL MANAF .P. V AGED 49 YEARS, AL NOUGHAR, KOKKAPPURAM, GOPAL PETTA, TEMPLE GATE.P.O., CHALIL AMSOM, THIRUVANGAD DESOM, THALASSERY, KANNUR., PIN - 670102 BY ADVS.

D.ARUN BOSE K.VISWAN RESPONDENTS:

1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031

2 STATION HOUSE OFFICER THALASSERY POLICE STATION, THALASSERY., PIN – 670101 BY ADV PP - SMT. NIMA JACOB THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

VIJU ABRAHAM, J.

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B.A. No.3528 of 2022 = = = = = = = = = = = = = = = = = = = =

Dated this the 26^th day of August, 2022

O R D E R

This is an application for Anticipatory Bail.

2. The petitioner is the accused in Crime No.203/2022 of Thalassery Police Station, Kannur alleging commission of offence punishable under Section 326 of the IPC .

3. The prosecution case is that, on 12.03.2022 at 2pm while the de facto complainant reached at the “Thattukada” (tea shop) of the accused at new bus stand, Thalassery, the accused beat the de facto complainant by using a wooden stick, causing grievous injuries asking to the de facto complainant, why he came to his tea shop and thus the accused committed the offence as alleged.

4. The learned counsel for the petitioner submitted that he has been falsely implicated in the above said crime. It is further submitted that the petitioner’s wife is conducting a “Thattukada” and on 12.03.2022, while the wife of the petitioner herein was engaged in her work at the shop, the de facto complainant herein came to the shop in a drunken condition and urinated inside the shop. When the wife of the petitioner questioned the de facto complainant, he exposed his genital and abused her. Moreover the de facto complainant caught hold of the hand of petitioner’s wife and thereby tried to outraged her modesty. Immediately after the said incident the wife of the petitioner was taken to the hospital having complaint of pain all over the shoulder and body, to substantiate the said contention the petitioner has produced Anx.2 – medical certificate. Later a complaint was filed before the Thalassery Police Station and a crime was registered against the de facto complainant as crime No.202/2022 (Anx.3). Thereafter, the petitioner submitted the present complaint which is registered as Crime No.203/2022. The action of the de facto complainant was questioned by the people of the locality and a scuffle occurred there and the de facto complainant has sustained injuries in the said scuffle.

5. The learned Public Prosecutor, upon instructions, submitted that the de facto complainant came into the tea shop, it was questioned by the petitioner and he was manhandled and he sustained injuries in connection with the same incident including fracture of fore arm, but submitted that the petitioner has no other criminal antecedents.

6. Having regard to the facts and circumstances of the case and considering the nature of the allegations, I am inclined to grant bail to the petitioner subject to stringent conditions. In the result, this application is allowed. It is directed that the petitioner shall surrender before the investigating officer on 31.08.2022, at 11 a.m. and subject himself for interrogation on that day or any other day/days as directed by the investigating officer and in the event of arrest of the petitioner in Crime No.203/2022 of Thalassery Police Station, Kannur, the petitioner shall be produced before the jurisdictional magistrate on the same day and shall be released on bail, subject to the following conditions:-

(i) Petitioner shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like-sum to the satisfactio