IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE M.R.ANITHA FRIDAY, THE 10^TH DAY OF SEPTEMBER 2021 / 19TH BHADRA, 1943 BAIL APPL. NO. 5907 OF 2021 PETITIONERS:

1 AJEESH K.

AGED 37 YEARS AGED 37 YEARS, S/O GOPALAN, KALLARAMMAL HOUSE, KARANTHOOR PO, KUNNAMANGALAM, KOZHIKODE-673 571

2 RANJITH N.P.

AGED 37 YEARS, S/O VINOD, KARIMBAYIL HOUSE, KARANTHOOR PO, KUNNAMANGALAM, KOZHIKODE-673571

3 RAJU T.

AGED 41 YEARS, S/O KARIYATHEN, THEKKAYIL HOUSE, KARANTHOOR PO, KUNNAMANGAL, KOZHIKODE-673 571

4 LINESH T @ KUTTA AGED 35 YEARS,, S/O VELAYUDHAN, THEKKAYIL HOUSE, KARANTHOOR PO, KUNNAMANGALAM, KOZHIKODE - 673571 BY ADV P.ANOOP (MULAVANA)

RESPONDENT:

STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA-

682031 OTHER PRESENT:

PP.C.N PRABHAKARAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ORDER

Dated 10^th September, 2021 The petitioners are the accused in Crime No.216/2021 of Kunnamangalam Police Station, Kozhikode District registered Under Sections

143,144,148,324,326,427,149 of IPC.

(2) The prosecution case is that on 24/06/2021 at about 8.45 pm the first accused who is the brother- in-law of the defacto complainant and others after forming themselves into an unlawful assembly due to enmity out of issues of defacto complainant with his wife, trespassed in to his house and attacked him and his mother thereby caused grevious hurt to the mother of the defacto complainant and destroyed the scooter No KL 56 H 9307 of defacto complainant and caused loss of Rs. 10,000/-.

(3) The learned counsel for the petitioner would contend first petitioner is none other than the brother-in-law of the defacto complainant and there are serious matrimonial issues between his sister and the defacto complainant and on the date of incident the defacto complainant brutally manhandled his sister and on her information he along with his friends went to the house of the defacto complainant and there had some altercation between first petitioner and friends with the defacto complainant. Annexure A2 (series) is the copy of the FIR and FIS in connection with that incident registered against the defacto complianant and his mother. That is the earlier crime also. Annexure A3 is the out patient card with respect to the sister of the first petitioner herein which would show that she had undergone treatment with the alleged history of assault by the husband at Government Medical College Hospital, Kozhikode on

24-06-2021 at 9.51 pm.

(4) The learned public prosecutor, on the other hand, seriously opposed in considering the petition since the mother of the defacto complainant sustained grevious injury out this incident. But the records produced by the petitioners would show that the defacto complainant manhandled the sister of the first petitioner on the same day before this incident. The medical records in connection with the same was also produced. The Crime registered in connection with that case is the earlier Crime (Crime No:213/2021) and the present crime against the petitioners is Crime No.216/2021. It is true that the mother of the defacto complainant in this case alleged to have sustained fracture to the right hand. There might have had some altercation. Matrimonial issues are there between defacto complianant and the sister of the first petitioner. The incident alleged to have occured when the first petitioner and others went to the house of the defacto complainant after getting information from wife of the defacto complainant. Prima facie it appears that they may not have any intention to assault the mother of the defacto complainant. In the said circumstances I am of the view that bail as sought for by the petitioners can be granted on stringent conditions:

(i) The petitioners shall be released on bail on executing bond for a sum of Rs.30,000/- (Rupees thirty thousand only) with two solvent sureties each, for the like sum in the event of arrest by the polce in connctio