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2022 Supreme(Online)(KER) 14709
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944 BAIL APPL. NO. 10131 OF 2022 CRIME NO.894/2022 OF CHITTUR POLICE STATION, PALAKKAD PETITIONER/ACCUSED NO.12:
VIGNESH AGED 18 YEARS S/O.VIJAYAKUMAR.R, KOLLUPARAMBU, VERKOLI.P.O, POLPULLY, CHITTUR, PALAKKAD, PIN – 678552 BY ADV V.A.JOHNSON (VARIKKAPPALLIL)
RESPONDENT/COMPLAINANT:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682031 BY ADV SMT.C.SEENA PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
23.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BECHU KURIAN THOMAS, J.
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Dated this the 23rd day of December, 2022
ORDER
This is an application seeking pre-arrest bail filed under Section
438 of the Code of Criminal Procedure, 1973.
2. Petitioner is the 12th accused in Crime No.894/2022 of Chittur Police Station, Palakkad, alleging offences punishable under Sections 143, 147, 341, 323, 324, 294(b) and 354 r/w Section 149 of the Indian Penal Code, 1860.
3. According to the prosecution, on 30.10.2022, at 10.00 pm, the accused, formed themselves into an unlawful assembly and outraged the modesty of the defacto complainant and assaulted her family members, and thereby committed the offences alleged.
4. Sri.V.A Johnson, the learned counsel for the petitioner, contended that the entire prosecution allegations are false and that the incident as alleged had not occurred.
5. Smt.C.Seena, the learned Public Prosecutor opposed the grant of bail and contended that allegations are serious and that custodial interrogation of the petitioner is required.
6. I have considered the rival contentions and have also perused the statement of the defacto complainant.
7. Having regard to the nature of allegations, I am of the view that limited custody of the petitioner would sufÏce the investigation .
Accordingly, this application is allowed on the following conditions:
a) Petitioner shall appear before the Investigating OfÏcer on 30.12.2022 and shall subject himself to interrogation.
b) If after interrogation, the Investigating OfÏcer proposes to arrest the petitioner, then, he shall be released on bail on him executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum before the Investigating OfÏcer.
c) Petitioner shall appear before the Investigating OfÏcer as and when required and shall also co-operate with the investigation.
d) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence or contact the defacto complainant or her family members.
e) Petitioner shall not commit any similar offences while he is on bail.
f) Petitioner shall not leave India without the permission of the Court having jurisdiction.
In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.
BECHU KURIAN THOMAS JUDGE
