High CourtsSINGLE BENCH(2017) 05 KL CK 0020

SHIHAB vs STATE OF KERALA

High Court Of Kerala · Decided on 24 May 2017

HON’BLE JUDGES
Sunil Thomas
RESULT
Allowed
CASE NUMBER
3430 of 2017

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Judgment

33 paragraphs · 288 words
1.

The petitioner is the accused in Crime No.1778/2017 of

Muvattupuzha police station for offences punishable under sections

324, 427 and 398 IPC.

2.

The allegation of the prosecution is that, on 9/5/2017 at

about 10.50 am, while the defacto complainant was driving his

vehicle, the petitioner herein pelted a stone at the vehicle, resulting

in smashing of window panes and causing bodily injuries to the

defacto complainant. The petitioner herein was arrested on

10/5/2017 and is in custody since then. He seeks bail.

3.

The injured got himself impleaded and opposed the

application. It was contended by the injured that, labour dispute

was pending and the employer had obtained Annexure-1 police

protection order on 25/4/2017. The petitioner herein was a party to

the above proceeding and hence, he is not entitled for any relief,

contended the learned counsel.

4.

Heard the learned Public Prosecutor also.

5.

It appears that the incident was an offshoot of a labour

dispute. Having regard to the fact that the investigation has

progressed, I am inclined to grant bail to the petitioner subject to

the following conditions:

(i). The petitioner shall execute a bond for a sum of

Rs.40,000/- (Rupees forty thousand only) with two sureties for

the like sum each to the satisfaction of the jurisdictional

Court.

ii). He shall appear before the Investigating Officer on all

Thursdays between 9 am and 10 am for two months from the

date of execution of bond.

Iii). He shall not threaten, coerce or intimidate the

defacto complainant and the witnesses nor shall he interfere

in the process of investigation.

iv). He shall not enter the limit of the Muvattupuzha

police station during the above period of two months.

The bail application is allowed.