MANI Vs. STATE OF KERALA

JUDGEMENT

(1.) These are the applications for regular bail.

(2.) The petitioner in these bail applications is one and the same person. Two cases have been registered against him by the Pothukallu Police Station, Malappuram district, as Crime Nos. 1 of 2022 and 2 of 2022. The allegation against the petitioner in Crime No. 2 of 2022 is that on 31/12/2021, the petitioner attacked the defacto complainant and caused injury to him by hitting him on his head with a soda bottle and thereby he committed offences under Ss. 451, 324, 308 and 506(2) of the Indian Penal Code. When the petitioner was called to the police station in connection with the complaint given by the de-facto complainant in Crime No. 2 of 2022, the petitioner created violent scenes in the police station, which led to registration of Crime No. 1 of 2022 alleging commission of offences under Sec. 332 of the Indian Penal Code read with Sec. 3(1) of the Prevention of Damage to Public Property Act. The allegation against the petitioner in Crime No. 1 of 2022 was that he attacked a Civil Police Officer by holding his hands and twisting it, causing obstruction of his official duty and also caused certain damage to Government property in the police station.

(3.) The learned counsel for the petitioner submits that there was some altercation between the petitioner and the de-facto complainant in Crime No. 2 of 2022 on account of the fact that the de-facto complainant in Crime No. 2 of 2022 was in the habit of dissuading customers coming to meet the petitioner, who is a contractor by profession, by stating that the petitioner should not be entrusted with any work. It is submitted that the de-facto complainant is running a 'c' class shop near the house of the petitioner and whenever possible, he would dissuade customers from meeting or engaging the petitioner. It is submitted that this led to an argument between the petitioner and the de-facto complainant, which ultimately led to the incident relating to registration of Crime No. 2 of 2022. It is submitted that no serious injury was caused to the de-facto complainant in that incident. It is submitted that the petitioner is suffering from depression etc and is also a chronic patient suffering from high blood pressure and the petitioner often reacts abnormally while under pressure. It is submitted that, when the petitioner was called upon to attend the police station in connection with the incident which led to registration of Crime No. 2 of 2022, the petitioner did not attack the Civil Police Officer and has also not caused any damage to public property. Finally, it is submitted that in both the cases, the petitioner has been in custody from 1/1/2022 and his continued detention is not necessary, considering the nature of the allegations against him.