High Court Kerala High Court

Rajeev.S.V. vs State Of Kerala on 26 September, 2008

Kerala High Court
Rajeev.S.V. vs State Of Kerala on 26 September, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 5826 of 2008()


1. RAJEEV.S.V., S/O.S.K.VIJAYAN, 23 YEARS
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REP. BY PUBLIC
                       ...       Respondent

2. S.I. OF POLICE, VELLATHUVAL POLICE

                For Petitioner  :SRI.BRIJESH MOHAN

                For Respondent  : No Appearance

The Hon'ble MRS. Justice K.HEMA

 Dated :26/09/2008

 O R D E R
                              K.HEMA, J.

                  -----------------------------------------
                        B.A.No. 5826 of 2008
                  -----------------------------------------

               Dated this the 26th September, 2008

                               O R D E R

This petition is for anticipatory bail.

2. The alleged offences are under 452, 294(b), 427, 353 and

324 read with 34 of Indian Penal Code and 3(1) of PDPP Act.

According to prosecution, the de facto complainant, who is a clerk

in the Panchayat Office, was assaulted by the petitioner along with

his father (first accused) at the Panchayat Office and thereby they

committed the various offences.

3. Learned counsel for petitioner submitted that the

petitioner’s father was a Panchayat President and now a Panchayat

Member in the opposition wing. He had taken a room on rent from

the Panchayat and in respect of parking of his vehicle in the

compound, there was some altercation with the clerical staff of the

Panchayat. In the course of this quarrel, the petitioner’s father was

brutally attacked and he sustained a grevous injury and he lost a

tooth. He gave a complaint and a crime was registered against the

de facto complainant and two others under Sections 294(b), 341,

323, 326 and 427 read with 34 IPC.

4. Learned counsel for petitioner also submitted that since

the petitioner’s father was attacked, he telephoned his son and he

BA.5826/08 2

also rushed to the scene and the father was removed to the

hospital. But, the petitioner, who has not committed any offence,

who came to the scene only to remove the father to the hospital, is

now implicated in the offence. This was done deliberately by the de

facto complainant to harass the petitioner.

5. It was also pointed out that though a crime was registered

which includes even an offence under Sections 326 IPC, the de

facto complainant or any of the co-accused was not arrested by the

police. The petitioner’s father, who is the first accused in the case

was arrested and remanded to Judicial custody though the

allegations are less serious in nature compared to those in the other

case. In the above circumstances, learned counsel for petitioner

submitted that the petitioner apprehends harassment and

unwarranted detention and hence, this application for anticipatory

bail.

6. Learned Public Prosecutor submitted that as per the

records, the father made a phone call to the son and he came with

an iron rod and assaulted the de facto complainant and committed

the various offences.

7. On hearing both sides, I find that anticipatory bail can be

granted to the petitioner and hence, the following order is passed:

BA.5826/08 3

Petitioner shall surrender before the Magistrate

Court concerned within seven days from today and if

any bail application is filed, he shall be released on bail

on his executing a bond for Rs.25,000/- with two

solvent sureties each for the like sum to the satisfaction

of the learned Magistrate, on the following conditions:

             i)   Petitioner   shall   co-operate    with   the

                  investigation.

ii) Petitioner shall not influence or intimidate

any witness or commit any offence while on

bail.

Petition is allowed.

K.HEMA, JUDGE
vgs.