BY AD v. MILLU DANDAPANI

STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 OTHER PRESENT: PP-SRI.PRASANTH M.P THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON

07.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: B.A. No. 1811 of 2024 2 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973, filed by accused Nos.1 to 3 in Crime No.255 of 2024 of Ochira Police Station, Kollam, registered under Sections 447, 324, 326 and 34 of IPC.

2. The prosecution allegation is that, on 24.02.2024 at

10.30 a.m, the petitioners, due to their previous enmity towards the defacto complainant’s mother named Rajasree, trespassed into her house, where she was staying alone, and the 1st accused inflicted a blow on her right hand with an iron rod causing fracture, and she suffered various other injuries also in that incident.

3. Heard learned counsel for the petitioners and learned Public Prosecutor.

4. Learned Public Prosecutor opposed the bail application.

5. Learned counsel for the petitioners would submit that the defacto complainant and her mother were causing nuisance to the neighbours and several complaints were made against them by the neighbours. B.A. No. 1811 of 2024 3

6. Crime No.1671 of 2023 was registered against the defacto complainant and her mother on 01.12.2023 for assaulting the 1st accused-Babu. Only as a counter blast, a false case was registered against them.

7. The available records will show that after registering crime against the defacto complainant and her mother, the petitioners trespassed into the house of the mother of the defacto complaint, where she was staying alone, and assaulted her with an iron rod causing bodily injuries including fracture to her right hand. The weapon used by the 1st petitioner (A1) is yet to be recovered. Moreover, the major allegations are against the 1st accused, as he inflicted blow on the mother of the defacto complainant, who is a 75 year old lady, causing fracture to her right hand. So, this Court is not inclined to exercise the discretionary power under Section 438 of Cr.P.C, in favour of the 1st accused. Hence, the bail application of the 1st petitioner (A1) is liable to be rejected.

8. As far as petitioners 2 and 3 (A2 and A3) are concerned, there are no serious allegations against them except the fact that they accompanied the 1st accused, B.A. No. 1811 of 2024 4 sharing common intention of assaulting the mother of the defacto complainant. The 2nd petitioner is a lady aged 63 and the 3rd petitioner is her son-in-law, aged 44. Since, no serious allegations are there against them, this Court is inclined to allow this application in favour of petitioners 2 and 3 on the following terms:- (i) Petitioners 2 and 3 are directed to surrender before the investigating officer on or before

13.03.2024 and subject themselves interrogation. The investigating officer shall interrogate them to collect all materials and evidence relevant for the purpose of investigation. (ii) In the event of arrest, petitioners 2 and 3 shall be released on bail on executing bond for Rs.50,000/- (Rupees Fifty Thousand only) each with two solvent sureties each for the like sum to the satisfaction of the arresting officer. (iii) Thereafter, petitioners 2 and 3 shall appear before the investigating officer as and when directed. (iv). Petitioners 2 and 3 shall not contact the victim or her family members and shall not cause any kind B.A. No. 1811 of 2024 5 of harassment to them, either directly or indirectly. (v). Petitioners 2 and 3 shall not influence or intimidate the witnesses or tamper with the investigation. (vi). Petitioners 2 and 3 shall not commit any offence while on bail. (vii). In case of violation of any of these conditions, the trial court is empowered to cancel his bail, in accordance with law.

9. Learned counsel for the petitioners would submit that the 1st petitioner is ready to surrender before the investigating officer and to co-operate with the investigation. In view of the said submission, the 1st petitioner is directed to surrender before the investigating officer on or before

13.03.2024 and subject himself for interrogation. The petitioner shall be interrogated, to collect all materials and evidence relevant for the purpose of investigation including recovery if any.

10. In the event of arrest, he shall be produced before the jurisdictional Magistrate court on the date of arrest itself. If an B.A. No. 1811 of 2024 6 application for regular bail is preferred by him with prior notice to the prosecution, learned Magistrate shall consider that application and pass appropriate orders on merit on the date of application itself, as far as possible. With these directions, this bail application is disposed of. Sd/- SOPHY THOMAS JUDGE B.A. No. 1811 of 2024 7 APPENDIX OF BAIL APPL. 1811/2024 PETITIONER ANNEXURES Annexure A1 Annexure A2 Annexure A3 Annexure A4 Annexure A5 Annexure A6 Annexure A7 Annexure A8 Annexure A9 Annexure A10 THE TRUE COPY OF THE FIR NO. 255 OF 2024 OF OCHIRA POLICE STATION, KOLLAM CITY DATED 27.02.2024 THE TRUE COPY OF THE COMPLAINANT DATED 1.12.2020 SUBMITTED BY THE 1ST PETITIONER BEFORE THE HON'BLE ASSISTANT COMMISSIONER, KARUNAGAPALLY AGAINST THE DEFACTO COMPLAINANT ALONG WITH ACKNOWLEDGMENT RECEIPT THE TRUE COPY OF THE COMPLAINT PREFERRED BY THE 1ST PETITIONER BEFORE THE OCHIRA CIRCLE INSPECTOR OF POLICE ON 9.07.2021 ALONG WITH ACKNOWLEDGMENT RECEIPT THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER ALONG WITH THE NEIGHBOURS TO THE PRESIDENT OF SREE VYASA VILASAM KARAYOGAM,AZHEEKAL DATED NIL THE TRUE COPY OF THE COMPLAINT PREFERRED BY THE PETITIONER BEFORE THE CITY POLICE COMMISSIONER ON 30.11.2023 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS BEFORE THE RDO, KOLLAM DATED 30.11.2023 THE TRUE COPY OF THE FIR REGISTERED AGAINST THE DEFACTO COMPLAINT BY THE SUB INSPECTOR, OCHIRA POLICE STATION ON 1.12.2023 THE TRUE COPY OF THE REPRESENTATION BEFORE THE CIRCLE INSPECTOR OF POLICE STATION OCHIRA DATED 15.01.2024 THE TRUE COPY OF THE REPRESENTATION DATED 23.01.2024 SUBMITTED BY THE PRESIDENT OF THE ALAPPADU GRAMA PANCHAYATH BEFORE THE CIRCLE INSPECTOR OF POLICE STATION, OCHIRA THE TRUE COPY OF THE PUNCHING HISTORY OF THE COMPANY NAMELY "POPULAR MEGA MOTORS "DATED 24.02.2024