IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 22ND DECEMBER 2009 / 1ST POUSHA 1931 Bail Appl..No. 7445 of 2009 CRIME NO.1167 OF 2009 OF KARUNAGAPALLY POLICE STATION PETITIONER: ACCUSED: ------------------------------ JOHN CRUZE @ JOY, S/O.LAWRENCE, KOCHUTHARAYIL, ADINAD NORTH, KULASEKHARAPURAM VILLAGE, KARUNAGAPALLY TALUK. BY ADV. SRI.A.K.ALEX RESPONDENTS: --------------- 1. SUB INSPECTOR OF POLICE, KARUNAGAPALLY. 2. UTHAMAN, S/O.KUNJUKRISHNAN, KARIPURATHERIL VEEDU, ADINAD NORTH, KULASEKHARAPURAM VILLAGE. (DELETED) 3. STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. THE SECOND RESPONDENT STANDS DELETED FROM THE ARRAY OF PARTIES AS PER ORDER DATED 9.12.2009 IN THE BAIL APPLICATION. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 7445 OF 2009 ------------------------------------------------------ Dated this the 22nd day of December, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.1167 of 2009 of Karunagapally Police Station. 2. The offences alleged against the petitioner are under Sections 294(b) and 353 of the Indian Penal Code. 3. The gist of the prosecution case is the following: One Uthaman informed the police that on 2.11.2009, the petitioner attempted to destroy the gate in the compound of Uthaman. The Sub Inspector of Police and his party came to the spot. Uthaman had alleged that the petitioner was indulged in attacking pedestrians as well. The Sub Inspector of Police tried to talk to the petitioner in order to ascertain the genuineness or otherwise of the allegations levelled against him. At that time, the petitioner pushed the Sub Inspector of Police and got inside his house. He locked the house from inside. The Sub Inspector of Police could not enter. He came B.A. NO. 7445 OF 2009 :: 2 :: back to the police station and registered the case as Crime No.1167 of 2009. In respect of the incident in which Uthaman is the de facto complainant, Crime No.1172 of 2009 was registered under Sections 447, 294(b), 506(ii) and 427 of the Indian Penal Code. 4. The petitioner has filed a complaint before the Court of the Judicial Magistrate of the First Class, Karunagapally, in which, the first accused is the Sub Inspector of Police and the second accused is Uthaman. The complaint is produced as Annexure I. In Annexure I, the case put forward by the petitioner is that on 2.11.2009 at about 10.30 PM, the accused persons came to the house of the petitioner. The petitioner was called by them. The petitioner and his wife came out of the house. At that time, the Sub Inspector of Police attacked the petitioner and kicked him with his boots. Various incidents which took place are narrated in Annexure I. It is stated that the petitioner sustained injuries. It is further stated that the petitioner was threatened that if he went to the hospital, he would suffer dire consequences. The medical certificate and the discharge certificate issued by the Taluk Head Quarters Hospital, Karunagapally and the medical certificate issued by the District Hospital, Kollam are seen produced along with the complaint. An application for appointment B.A. NO. 7445 OF 2009 :: 3 :: of a Commissioner to note the damage caused to the front door and back door of the house of the petitioner was also filed along with the complaint. A Commissioner was appointed. The Commissioner has filed Annexure III report. 5. Taking into account the peculiar facts and circumstances of the case, I am of the view that the apprehension voiced by the petitioner that if he is arrested by the police, he would be manhandled and he would be harassed and humiliated, is just and reasonable. Therefore, I am inclined to grant anticipatory bail to the petitioner. 6. There will be a direction that in the event of the arrest of the petitioner, the officer in charge of the police station shall release him on bail on his executing bond for Rs.10,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on alternate Mondays for a period of two months; b) The petitioner shall appear before the investigating officer for interrogation as and when required; B.A. NO. 7445 OF 2009 :: 4 :: c) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; d) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; e) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed to the extent indicated above. (K.T.SANKARAN) Judge ahz/