Kerala High Court Grants Bail To Persons Accused Of Assaulting Advocate Commissioner During Local Inspection

The Kerala High Court on Friday granted bail to two persons accused of assaulting a female Advocate Commissioner who had been deputed by the Munsiff's Court at Varkala to execute an Order, and the accompanying Advocate Clerk, during the local inspection. 

Justice Ziyad Rahman A.A. noted that although the allegations against the petitioners were of serious nature, the petitioners had remained in custody for about 50 days since the date of arrest, and that there has also been substantial progress in the investigation. 

"...after taking into account all relevant aspects, including the fact that the petitioners have been under judicial custody since 12.04.2023, I am inclined to grant bail to the petitioners subject to appropriate conditions to ensure that they are not influencing the witnesses. This is mainly because, taking note of the period of detention undergone by the petitioners and the stage of the investigation, further incarceration of the petitioners appear to be not necessary," the Court observed. 

The petitioners in this case were alleged to have wrongfully restrained the Advocate Commissioner deputed by the Munsiff's Court, Varkala to execute an Order in a case, when she came for local inspection. It was alleged that the petitioners had uttered obscene words against her, the accompanying Advocate Clerk and the defacto complainant. It was further alleged that the petitioners had assaulted the defacto complainant, Advocate Clerk and Advocate Commissioner, as a result of which the de facto complainant suffered serious injuries.

The petitioners have been booked under Sections 294(b), 323, 324, 353, 354 and 506(i), read with Section 34 IPC. The charge of voluntarily causing grievous hurt by dangerous means under Section 326 IPC has also been added.

The present bail application was moved by the petitioners pursuant to their arrest on April 12, 2023. 

The Court, while granting the bail, stipulated the petitioners to execute bail bond for Rs 1,00,000/- and fully cooperate with the investigation. It further clarified that in case of violation of the bail conditions, the jurisdictional Court shall be empowered to consider the application for cancellation of bail, and pass appropriate orders. 

The petitioners were represented by Advocates Saijo Hassan, Rajalakshmi R., and Saritha K. Senior Public Prosecutor Seetha S. appeared on behalf of the respondent. 

Case Title: Sanu & Anr. v. State of Kerala 

Citation: 2023 LiveLaw (Ker) 254

Click Here To Read/Download The Order