IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P.

WEDNESDAY, THE 9^TH DAY OF FEBRUARY 2022 / 20TH MAGHA, 1943 BAIL APPL. NO. 9824 OF 2021 Crime No.658/2021 of Vellerikundu Police Station PETITIONER/ACCUSED:

SULAIMAN M.

AGED 57 YEARS S/O. MUHAMMED, RESIDING AT MOILAKKRIYILLATH HOUSE, MUNDIYANAM, PARAPA P.O, VELLARIKUNDU TALUK, KASARAGOD DISTRICT 671 533 BY ADVS.

S.SREEKUMAR (SR.)

P.MARTIN JOSE THOMAS P.KURUVILLA R.GITHESH SACHIN JACOB AMBAT M.A.MOHAMMED SIRAJ P.PRIJITH AJAY BEN JOSE MANJUNATH MENON HARIKRISHNAN S.

RESPONDENT/RESPONDENTS:

1 THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM KOCHI 682 031 2 THE STATION HOUSE OFFICER VELLARIKUNDU POLICE STATION, KASARGOD DISTRICT 671 533 OTHER PRESENT:

ADV RENJITH -SR.PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON

09.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

O R D E R

The petitioner is the accused in Crime No.658/2021 of Vellerikundu Police Station, Ernakulam District alleging commission of offences under Sections 341, 323, 324, 326, 294B and 506 of the Indian Penal Code.

2. The allegation against the petitioner is that when the de facto complainant was riding his motor cycle, the petitioner wrongfully restrained the de facto complainant and pushed him down and attacked him with a stone causing injuries including a fracture above his right thigh and thereby the petitioner committed the offences alleged against him.

3. The learned Senior counsel appearing for the petitioner would submit that the petitioner is absolutely innocent in the matter. It is submitted that when the petitioner was walking along the road the de facto complainant hit the petitioner with his bike and there occurred a minor scuffle between them. It is submitted that the de facto complainant had fallen down from his motor cycle and had sustained injuries. It is submitted initially the crime was registered with bailable offences alone. It submitted that on that basis the bail application filed by the petitioner before the Sessions Court was closed recording that no non-bailable offences are alleged against the petitioner (Annexure-3). It is submitted that subsequently Section 326 of the IPC was also incorporated following which the petitioner approached the Sessions Court again for bail which was rejected by Annexure-4 order. It is submitted that in the facts and circumstances of the case the petitioner is entitled to bail.

Reference is made to the contents of Annexure-1 F.I.R to show that no non-

bailable offences could be alleged against the petitioner.

4. The learned Public Prosecutor opposes the grant of bail. It is submitted going by the contents of the First Information Statement of the de facto complainant, the petitioner had illegally restrained the de facto complainant and had pushed him down when he was riding his bike. It is submitted that the petitioner was earlier involved in a case alleging commission of offence under Section 326 of IPC, which however is reported as acquitted. It is submitted that grant of anticipatory bail may not be conducive to the prosecution as the interrogation of the petitioner is absolutely necessary.

5. Having regard to the facts and circumstances of the case and considering the nature of the allegations against the petitioner, I am of the view that the investigation can be properly carried out without custodial interrogation of the petitioner.

In the result, this bail application is allowed. It is directed that the petitioner shall be released on bail, in the event of arrest in connection with Crime No.658/2021 of Vellerikundu Police Station subject to the following conditions:-

(i) Petitioner shall execute a bond for a 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 report before the Investigating officer in Crime No.658/2021 of Vellerikundu Police Station at 10 a.m and th