Abhilash v. State of Kerala represented by The Public Prosecutor High Court of Kerala
2013-11-20
P.BHAVADASAN
body2013
DigiLaw.ai
Judgment : 1. Petitioners are accused Nos. 1 to 6 in Crime No. 848 of 2013 of Koiprom Police Station who are alleged to have committed the offences punishable under Sections 143, 144, 147, 148, 149, 447, 324, 323, 341, 294(b), 354 and 427 of IPC. 2. The allegation against the petitioners is that they and other 22 persons had trespassed into the courtyard of the defacto complainant and assaulted the defacto complainant, his wife and daughter. 3. Petitioners would point out that the daughter of the defacto complainant had an affair with the sixth petitioner herein which was not to the liking of the defacto complainant. There occurred exchange of words which resulted in a scuffle and some injuries might have been suffered by the defacto complainant. That incident has been blown out of proportion to fasten liability on the petitioners. Petitioners would say that no such incident as alleged had taken place. 4. The learned Public Prosecutor opposed the petition and pointed out that investigation is at an infant stage. 5. After having heard the learned counsel for the petitioners and the learned Public Prosecutor and having perused the records, the claim of the petitioners that they are innocent cannot be countenanced as of now. But there seems to be some substance in the complaint raised by the petitioners that the incident might not have occurred as alleged against them. More over, it is difficult to understand how the offence under Section 354 of IPC can be attracted. No serious injuries seem to be suffered by the defacto complainant. Considering the totality of the circumstances, it is felt that this is a fit case where extraordinary jurisdiction of this Court needs to be exercised in favour of the petitioners. The petition is allowed as follows: 1) Petitioners shall surrender before the Investigating Officer on or before 27.11.2013, who, after interrogation, shall produce them before the JFCM court concerned, which court, on an application for bail being moved by the petitioners shall release them on bail on each of them executing a bond for a sum of ` 15,000/-(Rupees Fifteen thousand only) with two solvent sureties for the like sum each to the satisfaction of the said court. 2) The court concerned shall ensure the identity of the sureties and the veracity of the tax receipts, before granting bail.
2) The court concerned shall ensure the identity of the sureties and the veracity of the tax receipts, before granting bail. 3) Petitioners shall appear before the Investigating Officer on every Wednesday between 9.00 am and 10.00 am until further orders. 4) Petitioners shall not tamper or attempt to tamper with the evidence and influence or try to influence the witnesses. 5) If any of the conditions is violated, the bail granted to the petitioners shall stand cancelled and the court concerned, of being satisfied of the said fact, may take such proceedings as are available in law.