IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN FRIDAY, THE 26^TH DAY OF MAY 2023 / 5TH JYAISHTA, 1945 BAIL APPL. NO. 3846 OF 2023 CRIME NO. 283 OF 2023 OF VIDYANAGAR POLICE STATION, KASARGOD PETITIONER/ACCUSED NO.1:

ABDULLA KUNJI .K AGED 50 YEARS S/O LATE MOHAMMED, FATHIMA VILLA, CHENGALA P.O., CHERKALA, KASARGODE, PIN - 671541 BY ADV SUNNY MATHEW RESPONDENTS/COMPLAINANTS & STATE :

1 THE STATION HOUSE OFFICER VIDYANAGAR POLICE STATION, KASARGODE DISTRICT, PIN - 671123

2 THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM COCHIN, PIN - 682031 OTHER PRESENT:

SANAL RAJ PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON

26.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

O R D E R Dated this the 26^th day of May 2023 This is an application for anticipatory bail filed by the 1^st accused in Crime No. 283/2023 of Vidyanagar Police Station, Kasargod.

2. Heard the learned counsel for the petitioner as well as the learned Public Prosecutor.

3. I have perused the relevant documents form part of the case diary placed by the learned Public Prosecutor.

4. The prosecution case is that, when the 1^st accused asked money from the defacto complainant, which was offered to be given as part of mediation effected by the 1st accused, there occurred a scuffle. Thereafter, the 2^nd accused reached the place of occurance, beat on the shoulder of the defacto complainant by using a reaper and same caused fracture. There is allegation in the FIS that the 2^nd accused wrongfully restrained and attacked the defacto complainant since, there was a scuffle in between the 1^st accused, who is the brother of the 2^nd accused and the defacto complainant prior to that. Pursuant to the occurance, crime alleging commission of offences punishable under Sections 323, 324, 341 and 326 r/w 34 of Indian Penal Code, was registered.

5. The learned counsel for the petitioner submitted that the petitioner happened to be a mediator in a dispute in between the defacto complainant and a 3^rd party. When the petitioner demanded the money as part of mediation, the defacto complainant opposed and there occurred a scuffle in between them. Subsequently, the 2^nd accused reached there and beat the defacto complainant by using a reaper and same caused injuries including fracture. It is also argued that the prosecution has no case that the petitioner herein/ 1^st accused did use any weapon to assault the defacto complainant and thereby caused injuries to the defacto complainant. It is submitted further that the 2^nd accused is already arrested and the purpose of investigation including recovery, is practically over. Therefore, the petitioner is liable to be released on anticipatory bail.

6. The learned Public Prosecutor relying on the wound certificate submitted that the defacto complainant sustained five injuries and the 4th one is fracture of clavicle. Therefore, the learned Public Prosecutor opposed grant of anticipatory bail to the petitioner.

7. On perusal of the FIS and other records, even though, the defacto complainant sustained multiple injuries including clavicle fracture, there is no allegation for the prosecution that the 1^st accused used any weapon or caused any serious injuries to the defacto complainant. However, the investigation shall go on. Therefore, the petitioner is liable to be released on anticipatory bail.

Accordingly, the petition stands allowed and the petitioner can be enlarged on bail, on the following conditions:

i. The petitioner shall surrender before the Investigating Officer within ten days from today and on such surrender, the Investigating Officer can question the petitioner. In the event of his arrest, the Investigating Officer shall produce the petitioner before the jurisdictional court on the date of arrest itself.

ii. On such production, the jurisdictional court shall release the petitioner on bail, on executing bond for Rs.30,000/- (Rupees thirty thousand only) by hims