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