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

FRIDAY, THE 4^TH DAY OF FEBRUARY 2022 / 15TH MAGHA, 1943 BAIL APPL. NO. 9836 OF 2021 CRIME NO.339/2021 OF Kolathur Police Station, Malappuram AGAINST THE ORDER IN CRMC 1053/2021 OF DISTRICT COURT& SESSIONS COURT,MANJERI PETITIONER/ACCUSED NO.1:

KUNHI MUHAMMED@BAVA AGED 37 YEARS S/O.MOIDU, VADHUKKATTIL HOUSE, VENGAD POST, MALAPPURAM DISTRICT.

BY ADV NIREESH MATHEW RESPONDENT/COMPLAINANT:

STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.

SR. T.R. RENJITH, SR. PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ORDER

This is an application for anticipatory bail.

2. Petitioner is the 1^st accused in Crime No.339/2021 of Kolathur police station, Malappuram district, alleging commission of offences under Sections 341, 232, 326 r/w. Section 34 of the Indian Penal Code.

3. Allegation against the petitioner is that the petitioner along with the other accused in the case attacked the de facto complainant and his friends and caused serious injuries to them.

4. Learned counsel appearing for the petitioner submits that the petitioner and the other accused had objected to the dumping of poultry waste by the de facto complainant and his friends and this led to an altercation between them. It is submitted that though it is alleged that the petitioner used an iron rod to attack the de facto complainant, the said allegation is completely false. It is submitted that the de facto complainant had suffered injuries as a result of a fall following a scufÒe and not on account of any attack by the petitioner using an iron rod. It is submitted that the 2^nd accused was arrested and has been released on bail.

5. Learned Public Prosecutor vehemently opposes the grant of bail. It is submitted that the main overt act alleged is as against the petitioner/1st accused. It is submitted that the going by the First Information Statement of the de facto complainant, the de facto complainant and the other injured were attacked using an iron rod by the petitioner. It is submitted that though the iron rod has been recovered following the arrest of the 2^nd accused, custodial interrogation of the petitioner is necessary in the matter. It is submitted that the petitioner is not entitled to anticipatory bail.

6. Having regard to the facts and circumstances of the case and considering the nature of the allegations against the petitioner and considering the fact that no criminal antecedents have been reported against him and also considering the fact that custodial interrogation of the petitioner is not necessary for the purpose of any investigation, I am of the opinion that anticipatory bail can be granted to the petitioners subject to strict conditions.

In the result, this application is allowed. It is directed that the petitioner shall be released on bail, in the event of arrest in crime No.339/2021 of Kolathur police Station subject to the following conditions:-

(i) Petitioner shall execute bond for a sum of Rs.50,000/-

(Rupees fifty thousand only) with two solvent sureties each for the likesum to the satisfaction of the jurisdictional Court;

(ii) Petitioner shall appear before the investigating officer in Crime No.339/2021 of Kolathur Police station on 08.02.200, 09.02.2022 and 10.02.2022 and thereafter, as and when called upon to do so;

(iii) The petitioner shall not attempt to contact the de facto complainant or interfere with the investigation or to influence or intimidate any witness in Crime No.339/2021 of Kolathur police station;

(iv) The petitioner shall surrender his passport before the jurisdictional court. If the petitioner does not have a passport, heshall execute an affidavit to that effect and file the same before the said court within seven days of release on bail;

(v) The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violat