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2022 Supreme(Online)(KER) 26200
HIGH COURT OF KERALA
VIJU ABRAHAM, J
DANISH @ DIONACIOUS, – Appellant
Versus
STATE OF KERALA – Respondent
Bail Appl./4496/2022
The decision illustrates that anticipatory bail can be granted when allegations do not meet the threshold of serious offences and injuries.
Headnote:
Bail - Anticipatory Bail - IPC Sections 341, 294(b), 324, 308 r/w Section 34 - The court discussed the legal provisions pertaining to anticipatory bail under the IPC, highlighting the necessity for the nature of allegations and absence of serious injuries in its decision to grant bail.
Fact of the Case:
The petitioner, the 2nd accused in a crime alleging various IPC offences, contends he is falsely implicated following a minor altercation where he allegedly injured the complainant with a knife. The incident's FIR was filed days after the alleged occurrence.
Finding of the Court:
The court acknowledged the minor nature of the incident and lack of serious injuries and concluded that Section 308, being the only non-bailable charge, was not applicable, leading to the granting of anticipatory bail with conditions.
Issues: Whether anticipatory bail should be granted considering the nature of the allegations and the delay in FIR registration.
Ratio Decidendi: The court determined that the serious charge of Section 308 was not applicable, and the factors surrounding the case did not warrant denial of bail.
Final Decision: Anticipatory bail granted under specific conditions.
ORDER
This is an application for anticipatory bail.
2. Petitioner is the 2nd accused in Crime No.362 of 2022 of Kilikolloor Police Station, Kollam District registered alleging commission of offences punishable under Sections 341 , 294(b), 324, 308 r/w Section 34 of IPC .
3. The prosecution case is that while the defacto complainant/informant was having tea at a tea shop at about 4.30 pm on 17.4.2022, the defacto complainant offered a vada to the 1st accused and the 1st accused refused to accept the same and had showered abusive language on the defacto complainant and when the defacto complainant started to return from the hotel, the petitioner herein who is the 2nd accused had inflicted injury on the left cheek of the defacto complainant with a knife and the petitioner herein waved the knife and the defacto complainant had blocked the same which resulted in injuries below the left elbow of the defacto complainant and thereby the offences had allegedly taken place.
4. Heard the learned counsel for the petitioner and the learned Public Prosecutor who seriously opposed the application for bail.
5. The specific case of the petitioner is that he is falsely implicated in the above crime and no such incident as alleged occurred. A minor scuffle had taken place in a tea shop between persons who knew each other for long. Section 308 of IPC is the only non bailable offence and the same is not attracted, even if the entire allegations are accepted as true. The alleged weapon is not at all a serious weapon. There was no premeditation and preparation for the alleged incident. Everything happened at the spur of a moment. The alleged injuries are not at all serious. The petitioner further submits that there is an inordinate delay in registering the FIR. The alleged incident took place on 17.4.2022, the complaint was filed only on 21.4.2022 and the same is not explained. The petitioner would submit that even going by the prosecution allegation only an offence under Section 324 is attracted. Petitioner further submitted that, he has no other criminal antecedents. The further case of the petitioner is that the 1st accused is already granted anticipatory bail as per the order in Crl.M.C.No.786 of 2022 by the Principal Sessions Court, Kollam.
6. Having regard to the facts and circumstances of the case, and considering the nature of the allegations against the petitioner, the bail application is disposed of with the following directions. The petitioner shall surrender before the investigating officer on 14.07.2022. In the event of arrest of the petitioner in Crime No.362 of 2022 of Kilikolloor Police Station, the petitioner shall be released on bail on the following conditions:
(i) The petitioner shall execute a bond for sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court;
(ii) Petitioner shall appear before the investigating officer in Crime No.362/2022 of Kilikolloor Police Station as and when summoned to do so;
(iii) Petitioner shall co-operate with the investigation and make himself available for interrogation whenever required;
(iv) Petitioner shall not tamper with any evidence;
(v) Petitioner shall not directly or indirectly make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer;
(vi) Petitioner shall not involve in any other crime while on bail.
(vii) The petitioner shall not enter the local limits of Kilikolloor Police Station for a period of one month.
If any of the aforesaid conditions are violated, the Investigating Officer in Crime No.362/2022 of Kilikolloor Police Station, Kollam may file an application before the jurisdictional Court for cancellation of bail.
It is made clear that it is within the power of the police to investigate the matter and if necessary to effect recoveries on the information if any given by the petitioner e
