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2025 Supreme(Online)(Ker) 12407

IN THE HIGH COURT OF KERALA AT ERNAKULAM
GOPINATH P, J
BIBIN ANDREWS – Appellant
Versus
STATE OF KERALA – Respondent
Bail Appl. 5812/2025



Advocates:
LATHEESH SEBASTIAN, E C BINEESH

Anticipatory bail granted due to lack of criminal antecedents and nature of allegations, emphasizing conditions to prevent interference with investigation.

Headnote:(A) Bharatiya Nyaya Sanhita, 2023 - Sections 115 (2), 118 (1), 126 (2), 296 (b), 3 (5) - Anticipatory bail application - Allegations of assault arising from animosity over lorry driving - Petitioners claimed innocence and lack of criminal antecedents - Court found custodial interrogation unnecessary and granted bail with conditions. (Paras 1-5)

(B) Anticipatory Bail - The court emphasized that the absence of criminal antecedents and the nature of allegations justified the grant of anticipatory bail, subject to conditions to ensure compliance and prevent interference with the investigation. (Paras 3-5)

Facts of the case:
The petitioners are accused of assaulting the de facto complainant due to a dispute over lorry driving. The petitioners claimed innocence, asserting that they were attacked first.

Findings of Court:
The court determined that custodial interrogation was not necessary and granted anticipatory bail to the petitioners.

Issues: The main issues included the nature of the allegations against the petitioners and the necessity of custodial interrogation.

Ratio Decidendi: The court ruled that the absence of criminal antecedents and the nature of the allegations warranted the grant of anticipatory bail, emphasizing the importance of conditions to prevent interference with the investigation.

Result: Bail application allowed.

ORDER

The petitioners are the accused in Crime No.322/2025 of Vellathooval Police Station, Idukki District alleging commission of offences punishable under Sections 115 (2), 118 (1), 126 (2), 296 (b) and 3 (5) of Bharatiya Nyaya Sanhita ( BNS ), 2023.

2. The allegation against the petitioners is that owing to animosity arising out of the fact that the de facto complainant had stopped driving of the tipper lorry of the 1st petitioner and had started driving another tipper lorry and had also taken loads which were earlier serviced by the 1st petitioner's lorry, the petitioners attacked the de facto complainant and his friend and caused serious injuries to them and thereby they committed the offences alleged against them.

3. The learned counsel for the petitioners submits that the petitioners are absolutely innocent of the allegations levelled against them. It is submitted that there was a wordy altercation between the petitioners and the de facto complainant and actually the de facto complainant and his friends attacked the petitioners. It is submitted that none of the petitioners have criminal antecedents and there is no reason to deny anticipatory bail.

4. The learned Public Prosecutor submits that there is a specific allegation against the 1st accused that he had attacked the de facto complainant using a beer bottle, while the allegations against the other accused are that they attacked the de facto complainant and his friend using their hands. It is submitted that no criminal antecedents are reported against the petitioners.

5. Having heard the learned counsel for the petitioners and the learned Public Prosecutor and having regard to the facts and circumstances of this case, I am of the view that the petitioners can be granted anticipatory bail subject to conditions. No criminal antecedents are reported against the petitioners. Considering the nature of the allegations levelled against the petitioners, custodial interrogation does not appear to be necessary.

In the result, this bail application is allowed. It is directed that the petitioners shall be released on bail, in the event of arrest in connection with Crime No.322/2025 of Vellathooval Police Station, Idukki subject to the following conditions:-

(i) Petitioners shall execute separate bonds for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the likesum to the satisfaction of the arresting officer;

(ii) Petitioners shall report before the Investigating officer in Crime No.322/2025 of Vellathooval Police Station, Idukki as and when called upon to do so;

(iii) Petitioners shall not attempt to contact the de facto complainant or interfere with the investigation or to influence or intimidate any witness in Crime No.322/2025 of Vellathooval Police Station, Idukki;

(iv) Petitioners shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the Investigating officer in Crime No.322/2025 of Vellathooval Police Station, Idukki may file an application before the jurisdictional Court for cancellation of bail.

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