Ajitha Anirudhan vs State Of Kerala

Gopinath P., JÂ Â

This is an application for regular bail.

Petitioners are accused Nos.1 and 2 in Crime No.760/2021 of Chevayur Police station, Kozhikode district, alleging commission of offences under

Sections 341, 324 and 307 r/w. Section 34 of the Indian Penal Code.

Allegation against the petitioners is that with the help of some others, they attacked the de facto complainant, who is stated to be the brother-in-law

of the person married to the daughter of the petitioners.

Learned counsel appearing for the petitioners submitted that the daughter of the petitioners had got married to the son of the brother of the 2nd

petitioner in a prohibited degree of relationship. It is submitted that there are some disputes regarding the same and the petitioners have been falsely

implicated. It is submitted that the petitioners have been in custody from 24.12.2021. It is submitted that the 1st petitioner is a lady aged 51 years and

the 2nd petitioner is aged 63 years. It is also submitted that the 2nd petitioner is suffering from some mental illness and is undergoing treatment at the

Mental Health Hospital, Kozhikode. It is submitted that continued detention of the petitioners is not necessary for the purpose of any investigation .

Learned Public Prosecutor, on instructions, submits that the wound certificate in respect of the de facto complainant shows that he suffered serious

injuries and had 24 stitches on the backside of his head. It is submitted that investigation in the matter is progressing and going by the First Information

Statement given by the de facto complainant, the entire incident was master minded by the 2nd petitioner. It is submitted that grant of bail may not be

conducive for the prosecution.

Having regard to the facts and circumstances of the case and especially having regard to the fact that the 1st petitioner is a lady aged 51 years and

that the 2nd petitioner is aged 63 years who is stated to be a patient undergoing treatment at the Mental Health Hospital, Kozhikode and also

considering the fact that they have been in custody from 24.12.2021,I am of the opinion that the petitioners can be released on bail subject to strict

conditions. Accordingly, this application for bail is allowed and it is directed that the petitioners shall be released on bail subject to the following

conditions:-

(i) Petitioners shall execute separate bonds for sums of Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like-sum to the

satisfaction of the jurisdictional court;

(ii) The 2nd Petitioner shall appear before the investigating officer in Crime No. 760/2021 of Chevayur Police station on every Saturday at 11 am until filing of final

report. The first petitioner shall so appear, whenever called upon to do so;

(iii) The petitioners shall not attempt to interfere with the investigation or to influence or intimidate the de facto complainant or any witness in Crime No. 760/2021 of

Chevayur police station;

(iv) The petitioners shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in Crime No.760/2021 of Chevayur police station may file

an application before the jurisdictional court, for cancellation of bail.