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Ajeesh vs State Of Kerala on 9 November, 2018

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MRS. JUSTICE ANNIE JOHN

FRIDAY, THE 09TH DAY OF NOVEMBER 2018 / 18TH KARTHIKA,
1940

Bail Appl.No. 7047 of 2018

CRIME NO. 0131/2018 OF Balaramapuram Police Station,
Thiruvananthapuram

PETITIONER :

AJEESH,
AGED 22 YEARS,
S/O SURESH, RESIDING AT POTTANGANA VEEDU,
THALAYAL DESAM, AARALUMOODU, BALARAMAPURAM,
THIRUVANANTHAPURAM DISTRICT – 695 501

BY ADVS.
SMT.AMBILY (PREMKUMAR)
SMT.P.RANI DIOTHIMA

RESPONDENT :

STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA ERNAKULAM, KOCHI – 682
031

BY PUBLIC PROSECUTOR SRI.D.CHANDRASENAN

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 09.11.2018, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING :
Bail Appl.No. 7047 of 2018

2

ORDER

The petitioner is the first accused in

Crime No.131/2018 of Balaramapuram Police

Station for offences punishable under Sections

294(b), 323, 354, 427, 452 and 506(ii) r/w.34

of the Indian Penal Code and Section 27 of the

Arms Act. The prosecution case is that the

petitioner and other accused involved in the

crime, in furtherance of their common

intention, on 25.01.2018, at about 11.30 p.m.

trespassed into the residence of the de facto

complainant at Aralummodu, abused her and

voluntarily caused hurt to her. The petitioner

was holding a sword at the time of occurrence.

He had threatened the de facto complainant.

The petitioner committed mischief by breaking

the window glasses of the house of the de

facto complainant and used criminal force with

an intention to outrage her modesty.
Bail Appl.No. 7047 of 2018

3

2. The petitioner has approached the

Sessions Court, Thiruvananthapuram in

Crl. M.C.No.541/2018 and the Sessions Court

dismissed the same. The learned counsel for

the petitioner has argued that no injury was

caused by him to the de facto complainant and

Section 354 I.P.C. is not attracted in this

case.

4. The learned Public Prosecutor has

produced the Case Diary files and the wound

certificate of the de facto complainant

wherein it was revealed that the de facto

complainant has sustained injury. Moreover,

the incident was occurred during night hours

and the petitioner trespassed into the house

of the de facto complainant at 11.30 p.m. and

committed the offence. So, it is a very

serious nature of offence. If bail is

granted, it will give a wrong message to the
Bail Appl.No. 7047 of 2018

4

society. Therefore, I am not inclined to

grant anticipatory bail to the petitioner.

However, the petitioner is directed to

surrender before the Station House Officer,

Balaramapuram Police Station, Thiruvananthapuram

District on or before 03.12.2018, at 11.00 a.m.,

and after interrogation, he shall be produced

before the concerned jurisdictional Court on the

same day itself. The bail application and the

custody application, if any, filed shall be

considered and disposed of by the jurisdictional

Judge expeditiously.

Sd/-

ANNIE JOHN, JUDGE

True copy

PA to Judge

RKM

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